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On 19 February 2019, the Federal Labour Court BAG implemented the requirements of the European Court of Justice (ECJ) regard-ing the expiration of holiday entitlements.
DWF has advised Arlington Industries Group (Arlington), on the acquisition of the Wahler thermostat business from BorgWarner.
On 6 November 2018, the European Court of Justice decided that employees' leave entitlements do not expire even if they have not applied for leave unless they have been required by the employer to take the leave to which they are still entitled. In the event of a dispute, the employer bears the burden of proof.
The portal data for September was released by Claims Portal Limited on Friday afternoon. Last month’s analysis based on the August data highlighted that it was more difficult to reach conclusions when that data was based on temporarily lower levels of activity over a key holiday month. Those holidays having been taken by September, we do at least now have a more secure evidential base to look at.