Cases - Other
-
Nussbaumer, CJEC case C-224/09 - health & safety on temporary and mobile construction sites
07/10/10
EC Directive 92/57/EEC, which imposes minimum safety and health requirements at temporary or mobile construction sites, precludes national legislation that derogates from the requirement for a site health and safety coordinator to be appointed before works commence.
-
Fuß v Stadt Halle - working time directive
14/10/10
The Working Time Directive precludes national rules which allow a public-sector employer compulsorily to transfer a worker employed as a fire fighter in an operational service to another service where that worker has asked not to work hours in excess of the specified maximum average weekly working time, even where the worker suffers no obvious detriment as a result of the transfer.
-
Union syndicale Solidaires Isère v French government - seasonal workers and working time rules
14/10/10
Workers on seasonal contracts who do not have regular periods of compensatory rest may be within permissible derogation from the Working Time Directive 2003/88/EC - but French law restricting such contracts to 80 days per annum provides insufficient protection to the workers' safety and health
-
Dowson and Ors v Chief Constable of Northumbria Police - bullying at work
20/10/10
In order to succeed in a claim under the Protection from Harassment Act 1997, a claimant must demonstrate that the behaviour complained of amounts to at least two instances of oppressive and unacceptable conduct that is targeted at him and calculated to cause him alarm or distress.
-
Federación de Servicios Públicos de la UGT v Ayuntamiento de la Línea de la Concepción - acquired rights directive (TUPE)
29/07/10
As a general rule a transferred economic entity preserves its "autonomy", within the meaning of Article 6(1) of Council Directive 2001/23/EC of 12 March 2001 if the powers granted to those in charge of that entity remain essentially unchanged.
-
Employers' Liability Insurance "Trigger" litigation - mesothelioma
08/10/10
Employers' liability insurance clauses for a given insurance year which provide for when an injury was "sustained" (i.e. "occurred") will not cover those who were exposed to asbestos in that given insurance year and many years later develop mesothelioma as a result of that exposure.
In contrast, employers' liability insurance clauses for a given insurance year which provide for when an injury was "caused" (or a disease "contracted") will cover those who were exposed to asbestos in that given insurance year and many years later develop mesothelioma as a result of that exposure. -
Russell & Ors v Transocean International Resources Ltd & Ors - leave cannot come out of a "rest period" but need not be taken out of working time
19/10/10
There is no rule that entitlement to annual holiday must come out of working time, only that it cannot come out of "rest periods" as strictly defined in the Working Time Regulations 1998 - any other conclusion produces absurd results in the case of "shut-down trades" and teachers who, for example, could insist on taking holiday during term time.
