Monthly Archive: September 2016

Cut-off periods may not limit employees’ claims if the employer neglects to give employees relevant information

The expiry of a limitation period does not necessarily result in the forfeiture of claims if the employer neglects to inform the employee about circumstances which would have led to him making claims within the cut-off period, the State Labour Court of Düsseldorf (Landesarbeitsgericht Düsseldorf, docket number 10 Sa 1033/15) ruled on April 29, 2016. …

Continue reading »

Too fat to work? 200kg employee is fighting against his dismissal

On June 27, 2016 the Higher Labour Court (Landesarbeitsgericht Düsseldorf, docket number 7 Sa 120/16) had to decide whether the termination of employment of a man weighing 200 kg is justified. The defendant worked in a landscaping, civil engineering and canal construction business. Besides the plaintiff, who has worked for the defendant since 1985, the …

Continue reading »

Death threats towards the employer can be grounds for termination without notice

On August 8, 2016 the Labour Court of Düsseldorf (Arbeitsgericht Düsseldorf, docket number 7 Ca 514/15) ruled that a termination without notice can be justified if the employee seriously threatens his employer The employer claimed a strong suspicion that his employee might have threatened him via telephone with the words “I kill you”. The employee …

Continue reading »

Failure of a public employer to invite a severely disabled individual to a job interview does not always indicate an unlawful discrimination

Sec. 82 sentence 2 of Volume IX of the German Social Code (SGB IX) states that if a severely disabled person has applied for a job with a public employer or they have been suggested by the Federal Labour Office (Bundesagentur für Arbeit), they must be invited to an interview. Failure to invite a severely …

Continue reading »

Continued remuneration during outpatient care

On 25 May 2016 the Federal Labour Court (Bundesarbeitsgericht, docket number 5 AZR 298/15) ruled that employees on statutory insurance have a claim against their employer for continued remuneration during preventative outpatient care, if it is carried out with the approval of the social service provider in a facility for medical prevention or rehabilitation within …

Continue reading »