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Almuth Floto

Author's details

Name: Almuth Floto
Date registered: August 1, 2014

Latest posts

  1. An incapacitated employee should be given extended time to give a statement prior to a termination on spec — February 23, 2017
  2. The Works Council’s right of co-determination regarding the Employer’s Facebook presence — February 3, 2017
  3. News concerning mass dismissal procedure — October 31, 2016
  4. Mass Dismissals — October 24, 2016
  5. Ordinary termination of employment due to sickness — February 9, 2016

Author's posts listings

An incapacitated employee should be given extended time to give a statement prior to a termination on spec

According to a decision of the state labour court of Berlin-Brandenburg, an employee must be given extended time to give a statement regarding a termination on spec, if they are unable to work due to ongoing sickness over a long period of time (docket number: 10 Sa 378/16). The severely disabled employee worked as an …

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The Works Council’s right of co-determination regarding the Employer’s Facebook presence

The German Federal Labour Court (Bundesarbeitsgericht) decided on 13 December 2016 that the Works Council has a right of co-determination when the employer’s Facebook page allows other users to post comments, which are related to the behaviour and performance of the employees. The employer operates a blood donor service. The doctors working at the blood …

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News concerning mass dismissal procedure

On 9 June 2016 the Federal Labour Court (Bundesarbeitsgericht) decided that incorrect information to the Works Council with regard to a planned mass dismissal can be healed by a final statement of the Works Council (docket number: 5 AZR 405/15).   After deciding to close the business down, the Works Council was informed about the …

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Mass Dismissals

German Federal Labour Court, dated September 22, 2016, docket number 2 AZR 276/16 A decision of the German Federal Labour Court (Bundesarbeitsgericht) on 22 September 2016 considered that the employer may stop the consultation procedure with the Works Council about mass dismissals if the Works Council did not show willingness to negotiate measures to avoid …

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Ordinary termination of employment due to sickness

A decision of the German Federal Labour Court (Bundesarbeitsgericht) on 13 May 2015 considered an employer’s termination of an employment contract based on personal reasons (the employee’s long term sickness absence) where there was no prior operational integration management (betriebliches Eingliederungsmanagement). The German Federal Labour Court indicated that the requirement on the employer to prove …

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Mass dismissal – obligation to inform the Federal Labour Office

German Federal Labour Court dated on 26 February 2015, docket number 2 AZR 955/13 According to a decision of the German Federal Labour Court (Bundesarbeitsgericht) on 26 February 2015 an employer planning a mass dismissal is obliged to inform the Federal Labour Office (Bundesagentur für Arbeit) of that measure (docket number: 2 AZR 955/13). Furthermore, according to …

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The deployment of public officials during the Verdi strike

The Labor Court Bonn (Arbeitsgericht Bonn) decided on 26 May 26 2015 (docket no.: 3 Ga 18/15) that Deutsche Post AG may deploy public officials to replace the striking employees during the current strike for higher wages and shorter working hours . In the current strike, Verdi pursues a reduction of the regular working hours …

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Limits to the (personal) scope of a collective promise

According to the Federal Labour Court (Bundesarbeitsgericht – docket number: 10 AZR 453/13) the employer is entitled to limit the scope of a collective obligation (Gesamtzusage) at any time, even where it already applied to the workforce, due to the conditions of its initial declaration. If the employer declares to the staff that the company …

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Man without Hat

According to the Federal Labour Court (Bundesarbeitsgericht – docket number: 1 AZR 1083/12) a male pilot is not obliged to wear a cockpit hat in the public area of the airport during his flight mission as female colleagues do not have the same obligation. The male plaintiff is employed as a pilot by the defendant. …

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