Labour Disputes and Foreign States’ Jurisdictional Immunities In Türkiye

In Fogarty v. United Kingdom Case(29) where the proceedings related to an employment contract, the applicant was before her dismissal employed as an administrative assistant at the United States Embassy in London, in the Foreign Broadcasting Information Service, which is attached to the Central Intelligence Agency. Following dismissal, the applicant sued against the United States Government in the North London Industrial Tribunal, claiming that her dismissal was the result of gender discrimination. The applicant also claimed that her access to justice had been denied on grounds of immunities based on the 1978 Act, sections 1 and 16(1) (a), covering employment including administrative and technical staff of an embassy. The European Court, sitting as a Grand Chamber, noted that in this case the immunity had been applied without discrimination to all employment related disputes, and concluded that the restriction to the right to access to court was not discriminatory. Moreover, in their concurring opinion, judges Caflish, Costa and Vajic emphasized “the overarching importance, for each and every independent State, freely to conduct its foreign policy by using the services of

Different was the outcome of the case Cudak v Lithuania(30)…