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Written particulars: Employer's duty to notify employee of job specification or description has direct effect

This report relates to 1 case(s)

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    Kampelmann v Landschaftsverband Westfalen-Lippe [1998] IRLR 333  ECJ (0 other reports)

Where a member state has incorrectly transposed into national law the obligation of an employer under the EC Written Particulars Directive to briefly specify or describe an employee's work in a notification of the essential aspects of the contract, public sector employees may rely on it against their employers directly before their national courts, holds the European Court of Justice in (1) Kampelmann and others v Landschaftsverband Westfalen-Lippe (2) Stadtwerke Witten GmbH v Schade (3) Haseley v Stadtwerke Altena GmbH [1998] IRLR 333. The state may not implement the obligation in such a way as to allow the employer always to confine the information to be notified to a mere job designation.