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Old 01.03.2011, 22:26
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Discrimination by UBS

I won't go into any details here about my case, except to say that I was discriminated against, and the Stichtungsstelle found in my favour. The problem is, they assigned damages very low, even though this event has had a big impact on my career opportunities.

Has anyone else here had problems with discrimination - either as a foreigner or as a woman - at UBS?

Due to some of the issues going on with the judiciary here in Switzerland, and inability to get an impartial judge wrt UBS, I am thinking of having a class action but in the European Courts.

Anyone else interested? Please IM me. More confidential.
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Old 01.03.2011, 22:33
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Re: Discrimination by UBS

Any person with such grand aspirations at such levels would be better off going back to counsel and discussing this with them first. The kind of advice you need would not be found here.

There are also many UBS employees here and I an sure there is a confidentialty or non disclosure clause in these matters. You are opening up a legal minefield here.

You have many hoops to jump through before you can take this to a European Court, again I suggest you go back to your Counsel. I am not even convinced the EU courts you mention have any jurisdiction in a non EU country.
I am open to correction on the latter...
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Old 01.03.2011, 22:33
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Re: Discrimination by UBS

I respect your wish not to go into too much detail publicly - but some detail might be helpful, at least if you want other people to have any clue whether they experienced the same thing you did. For example, were you a UBS employee? Customer? Random passerby offended by one of their window adverts?

They seem to employ - and have as customers - quite a lot of women, foreigners, and probably even a few foreign women.
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Old 01.03.2011, 22:34
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Re: Discrimination by UBS

I suggest you go back to America.

By the way Switzerland is not in Europe so European law for this type of complaint won't cut the mustard, also not too sure how you would work a "class action" in Switzelrand
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Old 01.03.2011, 22:36
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Re: Discrimination by UBS

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By the way Switzerland is not in Europe so European law for this type of complaint won't cut the mustard, also not too sure how you would work a "class action" in Switzelrand
Switzerland is subject to the rulings of the European Court of Human Rights, being a member of the Council of Europe.
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Old 01.03.2011, 22:38
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Re: Discrimination by UBS

Check first which criteria must be fulfilled in order to get to the european court. My guess is that you first have to go through the normal process in the member state. The situation of Switzerland in that process should be clarified, as non EU member but with many special agreements and a couple of traitees in the safe. If you mean the Human Right one, that the European concil, so all right. But you have to deal with Swiss system first. Class action is as far as I know from following asbestos and smoker cases in the media that it just not exist in Europe. It has to be your personal case.

On Swiss law, I am quite pessimistic about your concerns: you will be the one who has to prove discrimination as stated in Swiss law, and they missed a couple of case senarios inthere. I mean prove it legaly, not just exposing the situation in a convincing way to normal people ("anormal" people being jurists in this context).

All the best for you in order to be able to move on as soon as possible, as I understand your anger... but also have made my experiences on that field.
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Old 01.03.2011, 22:38
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Re: Discrimination by UBS

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I suggest you go back to America.

By the way Switzerland is not in Europe so European law for this type of complaint won't cut the mustard, also not too sure how you would work a "class action" in Switzelrand
maybe OP was referring to European Court of Human Rights

oops DB was faster
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Old 01.03.2011, 22:39
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Re: Discrimination by UBS

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I suggest you go back to America.

By the way Switzerland is not in Europe so European law for this type of complaint won't cut the mustard, also not too sure how you would work a "class action" in Switzelrand

I am not American and I never lived there.

I was a UBS employee, and had a permanent contract with them.

I was not the only UBS employee that I saw badly treated. An employee who worked for me, who was of African origin, was suspected of theft even though he was on vacation at the time the incident occurred. He preferred to keep his mouth shut and is still employed by UBS.

Switzerland is in Europe. Look at a map. It also adheres to some of the European institutions, like other European but non EU countries like Russia.

And who says I never sought out a lawyer? Perhaps I am following his/her advice?
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Old 01.03.2011, 22:41
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Re: Discrimination by UBS

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And who says I never sought out a lawyer? Perhaps I am following his/her advice?
If your lawyer's advice was to go online and ask random strangers whether anything similar (to what?) ever happened to anyone else, perhaps you'd be better off with a different lawyer.
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Old 01.03.2011, 22:42
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Re: Discrimination by UBS

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Check first which criteria must be fulfilled in order to get to the european court. My guess is that you first have to go through the normal process in the member state. The situation of Switzerland in that process should be clarified, as non EU member but with many special agreements and a couple of traitees in the safe. If you mean the Human Right one, that the European concil, so all right. But you have to deal with Swiss system first.

On Swiss law, I am quite pessimistic about your concerns: you will be the one who has to prove discrimination as stated in Swiss law, and they missed a couple of case senarios inthere. I mean prove it legaly, not just exposing the situation in a convincing way to normal people ("anormal" people being jurists in this context).

All the best for you in order to be able to move on as soon as possible, as I understand your anger... but also have made my experiences on that field.
I have some proof of malfeasance in the judicial process which would taint any impartiality I may expect from the judiciary. This is my basis for thinking about the European Court.
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Old 01.03.2011, 22:43
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Re: Discrimination by UBS

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If your lawyer's advice was to go online and ask random strangers whether anything similar (to what?) ever happened to anyone else, perhaps you'd be better off with a different lawyer.
Actually, since he has a law degree and experience in legal affairs, I would tend to value his judgement over yours. Nothing personal.
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Old 01.03.2011, 22:44
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Re: Discrimination by UBS

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I am not American and I never lived there.

I was a UBS employee, and had a permanent contract with them.

I was not the only UBS employee that I saw badly treated. An employee who worked for me, who was of African origin, was suspected of theft even though he was on vacation at the time the incident occurred. He preferred to keep his mouth shut and is still employed by UBS.

Switzerland is in Europe. Look at a map. It also adheres to some of the European institutions, like other European but non EU countries like Russia.

And who says I never sought out a lawyer? Perhaps I am following his/her advice?
What sort of Counsel would send you to the EF ?
Switzerland is on the European Geographical map, but not on the EU legislative or Political map, your advice is strange and convinces me you have not had proper advice. It was a naive comment at best on your part. You may not like our advice, but it is well meaning and sound. Do not shoot the messenger.
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Old 01.03.2011, 22:46
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Re: Discrimination by UBS

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I was a UBS employee, and had a permanent contract with them.
That contract had a notice period, it seems either they or you gave notice to end the contract, and that is the end of the story in Switzerland.
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Old 01.03.2011, 22:46
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Re: Discrimination by UBS

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Actually, since he has a law degree and experience in legal affairs, I would tend to value his judgement over yours. Nothing personal.
So a proper degreed-and-experienced lawyer's advice was to get on to the English Forum and ask us? I find it a bit incredible but I'll take your word for it.



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double edit: 21!


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Old 01.03.2011, 22:47
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Re: Discrimination by UBS

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I have some proof of malfeasance in the judicial process which would taint any impartiality I may expect from the judiciary. This is my basis for thinking about the European Court.
Oh, you mean the one I mentioned in the post you inexplicably groaned?

Quote:
Switzerland is subject to the rulings of the European Court of Human Rights, being a member of the Council of Europe.
If you're the kind of person UBS employs these days, no wonder they're in trouble.
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Old 01.03.2011, 22:47
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Re: Discrimination by UBS

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I have some proof of malfeasance in the judicial process which would taint any impartiality I may expect from the judiciary. This is my basis for thinking about the European Court.
Oh dear. This is not a court or chambers. I smell contradiction, confusion and anger. OP desperation dark side has he from.
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Old 01.03.2011, 22:48
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Re: Discrimination by UBS

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What sort of Counsel would send you to the EF ?
Switzerland is on the European Geographical map, but not on the EU legislative or Political map, your advice is strange and convinces me you have not had proper advice. It was a naive comment at best on your part. You may not like our advice, but it is well meaning and sound. Do not shoot the messenger.
Quite good advice. The case is much stronger if there is proof of consistent bad behaviour on the part of both UBS and the Swiss judiciary.

And since my experience with UBS shows they discriminate against foreigners, this is an excellent venue to seek people in the same situation.

Last edited by mishimishi; 01.03.2011 at 22:48. Reason: na
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Old 01.03.2011, 22:48
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Re: Discrimination by UBS

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I suggest you go back to America.

By the way Switzerland is not in Europe so European law for this type of complaint won't cut the mustard, also not too sure how you would work a "class action" in Switzelrand
I just oppose your choice of word. Switzerland IS "in Europe" and possibly member of more European organisations than most countries in this continent. What you mean is that Switzerland is not "in the E.U.. The E.U. is not Europe but just an important organisation on this continent. And Switzerland in spite of not being a full member is possibly better integrated into the E.U. than many official EU-members. To give a practical example, Switzerland is a full member of ECAC, the civil aviation organisation of the E.U., and is part of the agreements of Schengen and Dublin (when will the U.K. join ? ). In regard to laws you have to be very careful. Quite a good deal of E.U. laws have been taken over here. Again, Switzerland has put more E.U. laws into practice than many EU-members.
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Old 01.03.2011, 22:49
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Re: Discrimination by UBS

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It seems very few people here have any idea whatsoever about judicial proceedings.
So why don't you bugger off and ask your hotshot super-qualified lawyer instead of us, then?
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Old 01.03.2011, 22:50
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Re: Discrimination by UBS

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Oh, you mean the one I mentioned in the post you inexplicably groaned?



If you're the kind of person UBS employs these days, no wonder they're in trouble.
I did EXCELLENT work for them. And my Zeugnis reflects that. I am the one who resigned because conditions were unbearable.

Many people I know who work for UBS find that it's a horrible work atmosphere, but I am wondering how much of that is attributable to discrimination.

You seem to be very opinionated, but badly informed. A bad combination.
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