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TERRITORIAL JURISDICTION: Location, location, location

14 July 2017  

Emma Naughton examines two recent cases on the tricky issue of which country’s courts have jurisdiction to hear an international worker’s employment claims

As the workforce continues to become more mobile and global, it is not always clear which country’s courts or tribunals should hear an employee’s claims. This article looks at the possible impact of two recent cases dealing with the issue of territorial jurisdiction. The first, Green v SIG Trading Ltd [2017], was an Employment Appeal Tribunal (EAT) decision. The second, Nogueira v Crewlink Ltd; Moreno Osacar v Ryanair [2017], was the opinion of the Advocate General (AG) on a case concerning the aviation sector. This sector has been alive to the problems caused by having a mobile workforce for longer than other sectors but still comes across practical issues.

Additional Info

  • Case(s) Referenced:

    Green v SIG Trading Ltd [2017] UKEAT/0282/16/2405

    Nogueira & ors v Crewlink Ltd; Moreno Osacar v Ryanair [2017] EUECJ C-168/16 and C-169/16