Another legal victory for ALEBA at the Court of Cassation!
In 2016, ALEBA filed a lawsuit in Luxembourg calling for its Employee Representative to be reinstated in his post at a Japanese bank (Read the press release from 19 June 2017). The case was quickly settled in ALEBA’s favour, and a ruling on 23 March 2017 by Luxembourg’s Court of Appeal instructed the bank to allow the employee/ALEBA Employee Representative to return to his role.
However, the bank refused to comply with the court order. Given the gravity of the situation, ALEBA then arranged a meeting with the Minister of Labour and the Inspectorate of Labour and Mines (ITM), and also organised a number of protests outside the bank.
The ITM imposed a hefty fine on the bank for refusing to comply with the Court of Appeal ruling. Meanwhile, thanks to support from the UNI Global Union, ALEBA managed to organise a meeting with the bank’s parent company in Japan and thereby generate awareness and raise the profile of this case on the international stage.
Still refusing to comply with legal rulings and Luxembourg law, the bank then decided (a few months ago) to take the case to the Court of Cassation. That did not turn out so well for them – on 14 June, the Court of Cassation confirmed the ruling of the Court of Appeal instructing the bank to reinstate its employee/the ALEBA Employee Representative.
“This is another legal victory for ALEBA. But, above all, this case is yet more proof that ALEBA is prepared to do whatever it takes to defend and protect employees and employee representatives in the financial sector. We do not accept and will never accept such social injustices or failures on the part of employers to follow Luxembourg laws and rules,” stated Roberto Scolati, President of ALEBA, adding that the ALEBA Employee Representative is currently in the process of returning to his post.
Laurent Mertz, Secretary General (firstname.lastname@example.org / +352 621 232 295)
Sandra Carvalho, Head of Communications & Strategy (email@example.com/ +352 671 223 228)
Safouane Jaouid, Head of Legal (firstname.lastname@example.org / +352 223 228 1)