Exam

Question 1

Blka-Kaufhaus

Answer 1

3 tier test to determine an objective ground 1) Real need of the employer 2) Appropriate to meet the measure it pursues 3) necessary to achieve that objective

Question 2

TYCO Decision - (Fedeacion de Servicios Privados del Sindicato Comisiones Obreras v Tyco Integrated Security SL & Anor)

Answer 2

found that workers who were not assigned a fixed or habitual place of work, time spent travelling between their homes and the premises of first and last customers constituted working time for the purposes of the Directive

Question 3

Carey v Penn Racket Sports Limited

Answer 3

leading case on the subjective nature of a test - went all the way to the high court which ruled that it should have been viewed from the employees pov - employees child had a temperature and decided to stat at home for one day to mind her, it wasn’t serious for the child, but company decided not to pay her for it.