Monthly Archive: November 2014

Windfall reversed – no remuneration for intern

On 17 October 2014 the Higher Labour Court Hamm (Landesarbeitsgericht Hamm; docket number 1 Sa 664/14) reversed a decision of the Regional Labour Court Bochum, which had ruled that an intern who permanently performs tasks of regular employees should be paid for the work, and decided that the intern was not entitled to any remuneration. …

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Guilty or not guilty – termination of the employment of an addicted employee

The Labour Court Düsseldorf (Arbeitsgericht; docket number: 2 Ca 3420/14) ruled on October 21, 2014 that the termination of an employment with a gambling-addicted employee based on misappropriation of money is valid even though a works council agreement determines that the employer is obliged to take various disciplinary actions (including informal/formal warnings) prior to any …

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A language on its own

German reference letters require special attention to detail, in particular with regard to the appropriate language. As a common understanding about the meaning of certain terms has developed, reference letters contain coded evaluations about the employee’s performance. In a brand new judgment, the Federal Labour Court (Bundesarbeitsgericht, BAG) has ruled that an employer who states …

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The early bird – Challenge to adjustment of company pension must be raised in time

The Federal Labour Court (Bundesarbeitsgericht, BAG; docket number: 3 AZR 690/12) ruled on October 21, 2014 that a company pensioner must claim that the adjustment of his company pension was not correct prior to the next mandatory adjustment date (Anpassungsstichtag) against his (former) employer. Otherwise, his claims forfeit. According to section 16 of the Company …

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Additional vacation for older employees remains possible

In a judgment dated October 21, 2014 (docket number: 9 AZR 956/12) the Federal Labour Court (Bundesarbeitsgericht, BAG) ruled that an employer may grant older employees additional vacation days. In the case at hand, the employer, a shoe manufacturer, granted employees who worked in the production department 36 days of vacation per year after reaching …

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No right to terminate a home-office agreement

The Higher Labour Court Düsseldorf (Landesarbeitsgericht, LAG; docket number: 12 Sa 505/14) ruled on 10 September 2014 that an employer may not unilaterally terminate an agreement entitling an employee to work in his home-office without any reason, even where a mutual agreement gives the employer the right to terminate. In the case at hand the …

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Does a firm handshake justify a dismissal for cause with immediate effect?

According to the Higher Regional Court Hessen (Landesarbeitsgericht, LAG; docket number: 14 Sa 776/13) a firm handshake causing harm to a superior does not always justify a dismissal for cause with immediate effect. In the case at hand, the plaintiff and a colleague had a long-term love affair until she became the immediate superior of …

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No separate telephone connection for works councils

In a judgment dated July 30, 2014, the Higher Regional Court Niedersachsen (Landesarbeitsgericht, LAG; docket number: 16 TaBV 92/13) held that works councils are entitled neither to a separate telephone connection, nor to separate or unlimited internet access. In the case at hand the works council was provided with a telephone connection as well as …

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