Belgium: C.Const. 22 février 2018, Case Nr. 6629

The Constitutional Court confirms the obligation of the public employer to respect the requirement of a pre-dismissal hearing for contract workers (not only for civil servants). This puts an end …

Belgium: Arbeidshof Brus., 22 Feb. 2018, Case Nr. 2016/AB/742

The fact that investigators were only obliged to inform of their absences but were not required to justify them and that they did not have to take any particular formality …

Belgium: Arbeidshof Brus., 20 Febr. 2018, Case Nr. 2016/AB/959

The European legislator has deliberately distinguished the concept of ‘sickness’ from the concept of disability, which precludes a simple assimilation of the two concepts. Nevertheless, an illness may constitute a …

Belgium: C.Const., 1 Feb. 2018, Case Nr. 6542, cour-const.be

Articles 1382 and 1383 of the Civil Code, as interpreted by the Court of Cassation, and article 95 of the Insurance Act of 4 April 2014 are compatible with articles …

Belgium: C.Trav., 23 Oct. 2017, Case Nr. 2015/AB/934

Failure to provide reasonable accommodation is in itself discrimination only in so far as it can be qualified as a refusal, which presupposes that a request for accommodation has been …

Belgium: Cass., 9 Oct. 2017, S.12.0062.N, applying the CJEU decision

It follows from the European Court of Justice’s decision that the right to compensation of a worker dismissed as a result of non-compliance with an employer’s order or prohibition which …

The Employment Status of Uber Drivers A Comparative Report Prepared For The Social Law Project, University Of The Western Cape

Oxford Pro Bono Publico University sponsored research project from 2017 highlighting the status of Uber drivers in a variety of jurisdictions with a comparison between drivers in the United Kingdom, Ireland, …

Belgium: C.Trav. Brux., 20 June 2017, Case Nr. 2015/AB/197

In the context of the operation of a training institute, the fixing of course periods, the existence of annual closing periods, the setting up of schedules and the organization of …

CJEU, 14 March 2017, Case Nr. C 157/15, Samira Achbita, Centrum voor gelijkheid van kansen en voor racismebestrijding v. G4S Secure Solutions NV

Article 2(2)(a) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as meaning that the prohibition on wearing an …

Belgium: Y. Pagnerre, « (Liberté de) Religion v. (Liberté d’) entreprise », Droit social, 2017/5, France, 2017

This article follows the two judgments on 14 March 2017 of the Court of Justice of the European Union concerning the ban on the wearing of the headscarf at work …

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