On 3 March 2023, the Federal District Court of Puerto Rico ruled that Puerto Rico Act No. 41 of 20 June 2022 (Act No. 41) was approved in violation of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA).
It also stated that changes to local employment statutes provided by the Act are null and void ab initio.
On 2 march 2023, the European Union Court of Justice, in Case C-477/21, stated that daily rest is additional to weekly rest, even when it directly precedes the latter and even when national legislation grants workers a period of weekly rest greater than that required by EU law.
On 11 January 2023, the National Industrial Court of Nigeria ("NICN") repealed a discriminatory law, thus demonstrating the attention and commitment to achieving gender equity.
In the case Omolola Olajide v. The Nigerian Police Force & 2 others (unreported Suit No: NICN/AK/14/2021), the Court stated the unlawfulness of a dismissal of an unmarried pregnant woman because it was based on a law that the Court annulled as discriminatory.
On 12 January 2023, the European Court of Justice ruled on equal treatment in employment and occupation concerning sexual orientation.
It stated that a refusal, based on the sexual orientation of the person concerned, to conclude or renew a contract with that person for the provision of certain services by that person in the context of a self-employed activity is contrary to the Employment Equality Directive (2000/78/EC).
On 22 December 2022, the European Court of Justice ruled that the employer must bear the cost of the vision devices purchased by its employees using video display screens, either through reimbursement of the expenses incurred or through the direct supply of lenses or spectacles.
On 25 January 2023, the Dismissal Board declared the legitimacy of dismissing a disabled employee with 45 years of seniority because the employee could no longer perform his job due to his disability.
The Luxembourg Court of Appeal clarified the employers' obligations regarding sexual harassment within their organisation.
The Court stated that the employer’s obligation to act and stop sexual harassment could only be validly implemented once the employee has made a precise report on the alleged acts, which is up to the employee to prove.
In Gramaxo v. Portugal judgment (no. 26968/1616), on 15 December 2022, the European Court of Human Rights established that it is legitimate the dismissal decided by the employer based on data collected by a GPS system installed on a vehicle used for work, to track the kilometres travelled.
It is the first time the Court ruled on a case of surveillance at work through a geolocation system, setting out the criteria to ensure the correct balance between the rights of the employee and the employer and the possibility of using the data collected in the process.