Monthly Archive: May 2017

Age discrimination within the recruitment process and the burden of proof of justification

By judgment of 15 December 2016  (BAG, docket number 8 AZR 454/15), the Federal Labour Court has ruled that the employer bears the burden of proof for justification within the meaning of sec. 3 para 2 half sentence 2 of the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG) . In the present case, the plaintiff …

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Determination of a termination with change of terms of employment

By judgment of 1 January 2017 (BAG, docket number 2 AZR 68/16), the Federal Labour Court ruled that a contract offer communicated by a termination with change of terms of employment has to be as precise as possible so that the employee can readily accept the contract offer. The parties were in dispute about a …

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Leaving the workplace to take care of a sick dog can lead to termination

The Higher Labour Court Nuremberg (Landesarbeitsgericht Nürnberg, docket number 5 Sa 59/17) ruled on 21 July 2016, that leaving the workplace to take care of a sick dog can lead to termination. The Higher Labour Court confirmed the respective decision of the Labour Court Nürnberg (Arbeitsgericht). The defendant as an employer operates a pipe cleaning …

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