Pujante rivera v gestora

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The Court went on to note that as one of the objectives of the directive is to afford greater protection to workers in the event of collective redundancies, the concept of a redundancy should not be narrowly defined. Although she had consented to the termination and was subsequently compensatedthe fact remained that the change was made unilaterally by her employer to an essential element of her employment contract for reasons not related to her as an individual worker. The ECJ held that workers employed under fixed term contracts must be regarded as forming part of the workers normally employed at the establishment. Mr Pujante Rivera brought proceedings against Gestora and the Employees Guarantee Fund, alleging that his redundancy was invalid under Spanish law because Gestora had failed to carry out collective redundancy consultation. Also in this issue: Blowing the whistle Original employer. The ECJ has now confirmed that the definition also includes resignations where an employer unilaterally makes significant changes to an employee's terms and conditions to their detriment, for reasons not related to them as an individual. Comment The scope of "redundancy" under the Directive has always been wider than the normal meaning of redundancy; for example, it has long been understood that changing employees' terms and conditions through termination and re-engagement is covered by the Directive, meaning that collective consultation is necessary if the relevant threshold is reached. Please contact customerservices lexology.

  • Pujante Rivera v Gestora Clubs Dir SL and another Archives Menzies Law
  • Pujante Rivera v Gestora Clubs Dir SL and Fondo de Garantía Salarial []
  • Pujante Rivera v Gestora Clubs Dir SL and Fondo de Garantía Salarial
  • Pujante Rivera v Gestora Clubs Dir SL (Case C/14) [] IRLR 51 readinglistsleicester
  • Who counts as ‘redundant’ for the purposes of collective consultation BDBF LLP

  • Yes, this is 'indirect redundancy' says the CJEU in Pujante Rivera v Gestora Clubs Dir SL and another available here. Facts: Between 16 and 26 September.

    Pujante Rivera v Gestora Clubs Dir SL and another Archives Menzies Law

    Judgment of the Court (First Chamber) of 11 November Christian Pujante Rivera v Gestora Clubs Dir SL and Fondo de Garantía Salarial. Request for a. Pujante Rivera v Gestora Clubs Dir SL and Fondo de Garantía Salarial []. Posted In: Case Law.

    Pujante Rivera v Gestora Clubs Dir SL and Fondo de Garantía Salarial []

    Case Reference. EUECJ C/
    The Court went on to note that as one of the objectives of the directive is to afford greater protection to workers in the event of collective redundancies, the concept of a redundancy should not be narrowly defined. European Union November 27 Share Facebook Twitter Linked In. In this case, the worker resigned and so could be said to have consented to the termination. However, the most interesting question for the purposes of this briefing was whether an employee's resignation in response to an employer's significant unilateral variation of her contract to her detriment amounted to a redundancy for these purposes.

    Mr Pujante Rivera brought proceedings against Gestora and the Employees Guarantee Fund, alleging that his redundancy was invalid under Spanish law because Gestora had failed to carry out collective redundancy consultation.

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    However, the termination arose from the unilateral change made by her employer to her salary for reasons that were unrelated to her personally.

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    Pujante Rivera v Gestora Clubs Dir SL and Fondo de Garantía Salarial

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    When can a constructive dismissal also be a redundancy? Secondly, the Insolvency Service carried out a call for evidence earlier this year on how outcomes from collective redundancy consultation can be improved for employers and employees in insolvency situations.

    Pujante Rivera v Gestora Clubs Dir SL and Fondo de Garantía Salarial.

    Posted In : Case Law. Case Reference. [] EUECJ C/ Pujante Rivera v Gestora Clubs Dir SL (Case C/14) [. Type: Legal Case Document; Web address: In Pujante Rivera v Gestora Clubs Dir, SL and Fondo de Garantía Salarial, the Court of Justice of the European Union (CJEU) held that a.
    However, the most interesting question for the purposes of this briefing was whether an employee's resignation in response to an employer's significant unilateral variation of her contract to her detriment amounted to a redundancy for these purposes.

    Although she had consented to the termination and was subsequently compensatedthe fact remained that the change was made unilaterally by her employer to an essential element of her employment contract for reasons not related to her as an individual worker. Comment The scope of "redundancy" under the Directive has always been wider than the normal meaning of redundancy; for example, it has long been understood that changing employees' terms and conditions through termination and re-engagement is covered by the Directive, meaning that collective consultation is necessary if the relevant threshold is reached.

    The Directive does not define the concept of "redundancy" but it can be said to include any termination of an employment contract not sought by the worker and, therefore, without his consent.

    The Court went on to note that as one of the objectives of the directive is to afford greater protection to workers in the event of collective redundancies, the concept of a redundancy should not be narrowly defined.

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    Mr Pujante Rivera lodged a claim with the Spanish Labour Court arguing that, in the 90 days before the last of the dismissals, the company reached the threshold laid down in European law for triggering the collective consultation procedure.

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    Pujante rivera v gestora
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    This decision confirms that those who resign in response to a unilateral and significant change to their contract which is to their detriment and which is not for a reason related to them as an individual, should also be included in the threshold for collective redundancy consultation. In this case, the worker resigned and so could be said to have consented to the termination.

    Excluding employees from protection under the Directive where their contracts are terminated in circumstances such as these would alter the scope of the Directive and mean that it would not have full effect. Follow Please login to follow content.

    Mr Pujante Rivera brought proceedings against Gestora on the basis that they Pujante Rivera v Gestora Clubs Dir SL and another (C/14).

    Pujante Rivera v Gestora Clubs Dir SL (Case C/14) [] IRLR 51 readinglistsleicester

    In Pujante Rivera v Gestora Clubs Dir SL and another (C/14), the ECJ considered the scope of the definition of "redundancy" in Article. 26 Provident Financial Group plc and Whitegates Estate Agency Ltd v Hayward [ ] IRLR 84 CA 69 Pujante Rivera v Gestora Clubs Dir SL [] IRLR
    The directors were found not guilty because they genuinely believed that a sale of the business was not only possible but quite probable, avoiding the need for redundancies.

    This included an employee who resigned as a result of a change in her working conditions namely a 25 per cent pay cut. Excluding employees from protection under the Directive where their contracts are terminated in circumstances such as these would alter the scope of the Directive and mean that it would not have full effect.

    Who counts as ‘redundant’ for the purposes of collective consultation BDBF LLP

    However, the most interesting question for the purposes of this briefing was whether an employee's resignation in response to an employer's significant unilateral variation of her contract to her detriment amounted to a redundancy for these purposes. Employers contemplating large-scale redundancies or reorganisations will now need to include any employees who resign in these circumstances when calculating the numbers affected.

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    Back to top. Follow Please login to follow content. Between 16 and 26 September it made 10 employees redundant, one of whom was Mr Pujante Rivera.

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    Also in this issue: Blowing the whistle Original employer. First, the criminal prosecution of three former directors of City Link, who were alleged to have failed to notify the Secretary of State that they were planning to make large-scale redundancies, has failed.

    Mr Pujante Rivera brought proceedings against Gestora and the Employees Guarantee Fund, alleging that his redundancy was invalid under Spanish law because Gestora had failed to carry out collective redundancy consultation.

    As the worker in this case did not consent to the change to her contract, the termination of her employment amounted to a redundancy.

    Comments

    • Dabar

      11.07.2019 at 14:26

      He argued that, if the terminations that occurred in the 90 day period before and after his own redundancy were counted, the threshold for collective consultation had been reached.