engleski

Divorce and Remarriage as (Un)Just Causes of Dismissal

The premise of this contribution is that divorce and remarriage may be justifiable grounds for dismissal in extremely rare cases, the terms of which must be clearly specified in advance, because in such cases, employers intrude deeply into their employees’ intimacy. The first section addresses this topic from the labour law perspective (state and ecclesiasti- cal labour law), the second from the human rights perspective (through an analysis of the positions taken by the European Court of Human Rights (ECtHR)), and the third from the anti- discrimination law perspective (through an analysis of the jurisprudence of the Court of Justice of the European Union (CJEU)). The concluding section identifies similarities and differences between the positions taken by the national courts and two pan-European courts and answers the question whether the courts have managed to strike a fair balance between conflicting interests: on the one hand, the interest of employees to protect their privacy and family life and on the other, the religious authenticity of the employer.

divorce ; remarriage, dismissal ; anti-discrimination

nije evidentirano