engleski

Dismissal as Ultima Ratio in the Case-Law of European Supranational Courts

Continuity of employment is ensured through legislative guarantees of protection against unfair dismissals enshrined in national dismissal protection laws. When there are justifiable reasons for dismissal for business or personal reasons, certain legislations require the employer to offer the employee another suitable job. The starting point of this contribution is that both European supranational courts - the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) are sympathetic with such approach in employment protection against dismissal. This thesis has been proved by the analysis of legal reasoning of the CJEU in the Achbita case and from the legal reasoning of the ECtHR in the Travaš case. Apart from this, in this contribution the legal reasoning of the CJEU on justifiability of dismissal in the Achbita case has been challenged and compared with the legal reasoning of the German Labour Court in its recent case-law regarding the neutrality policy of the employer and its repercussions on the rights of female employees wearing the Islamic headscarf.

dismissal, ultima ratio, religious discrimination, ECtHR, CJEU

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