European Union: Unfair/ Wrongful Dismissal

In a judgment delivered on 17 June 2026, the Court of Appeal (Inferior Jurisdiction), presided over by Mr Justice Lawrence Mintoff, overturned the decision of the Industrial Tribunal dated 24 April 2025 in the case of John Oliver George Taylor vs In My Mind Limited.

As the 2026 FIFA World Cup captivates fans worldwide, employers across Belgium, the Netherlands, and Luxembourg face a unique workplace challenge: employees arriving exhausted after late-night matches. This analysis examines whether falling asleep at work due to World Cup-related fatigue constitutes grounds for immediate dismissal, exploring the legal frameworks and thresholds for gross misconduct in each jurisdiction. The article also addresses critical data protection risks that arise when fatigued employ

Toda & Nel-lo has secured a landmark ruling that, in addition, grants extra compensation for moral damages, on top of the compensation due for the termination of the employment relationship.

The Court of Cassation has ruled on the validity of disciplinary dismissals communicated through standard email rather than traditional methods specified in collective agreements. This decision clarifies whether employers must strictly adhere to notification methods outlined in collective bargaining agreements or if alternative communication channels can satisfy legal requirements for terminating employment relationships.

La Cassazione stabilisce che il licenziamento disciplinare comunicato via e-mail ordinaria è valido se rispetta la forma scritta, anche se il CCNL prevede altre modalità trasmissive.

Belgium's employment law landscape is undergoing significant changes with the reintroduction of probationary-like provisions and new notice period caps. Starting June 1, 2026, employers and employees will navigate a one-week notice period during the first six months of employment, while long-tenured workers will see their maximum notice period capped at 52 weeks after 17 years of service.

In a fast-moving regulatory environment, HR and legal teams are under constant pressure to find reliable answers quickly...

In contemporary employment litigation, disciplinary dismissal based on digital communications is one of the most sensitive areas of tension between managerial prerogatives and employee protection.

This newsletter presents five court decisions handed down in recent months.