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Dr. Henriette Norda LL.M.

Author's details

Name: Dr. Henriette Norda LL.M.
Date registered: October 21, 2013

Latest posts

  1. No general participation right for representative of severely disabled people for warning notices — December 14, 2017
  2. Forfeiture clause was valid to prevent employee’s claim despite not excluding minimum wage entitlement — August 3, 2017
  3. Employer May Ban Employees From Wearing Headscarves — April 12, 2017
  4. Release of documents when leaving the company — January 3, 2017
  5. No extraordinary and immediate termination where employee consumed pastries without payment — December 8, 2016

Author's posts listings

No general participation right for representative of severely disabled people for warning notices

The Higher Regional Labour Court of Baden-Württemberg decided on 7 April, 2017 (docket number 7 TaBV 1/17) that the representative of severely disabled people has no right to be generally involved before a warning notice is issued to a disabled person. The representative of severely disabled people requested the determination of a general right to …

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Forfeiture clause was valid to prevent employee’s claim despite not excluding minimum wage entitlement

In a judgement of 9 May 2017 (docket number 7 Sa 560/16 ) the regional labour court of Nurnberg held that a forfeiture clause which did not exclude entitlement to minimum remuneration was not invalid. The forfeiture clause simply did not apply to claims for minimum remuneration. The parties had entered into an employment contract …

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Employer May Ban Employees From Wearing Headscarves

In a recent ruling made on March 14, 2017, the European Court of Justice (ECJ) decided (docket nos. C-157/15, C-188/15) that employers may prohibit staff from wearing Islamic headscarves under certain circumstances. The ECJ held that such prohibitions do not constitute “direct discrimination”; instead, limits on visible religious wear shall be considered permitted under EU …

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Release of documents when leaving the company

The State Labor Court of Rhineland-Palatinate (Landesarbeitsgericht Rheinland-Pfalz)  decided on 01.09.2016 (5 Sa 139/16) that the defendant is obliged, according to her employment contract, to hand over all operational working materials and documents, as well as copies and recordings, to the plaintiff when leaving the company. The plaintiff runs an enterprise which trades in rice …

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No extraordinary and immediate termination where employee consumed pastries without payment

The State Labour Court in Baden-Württemberg (Landesarbeitsgericht Baden-Württemberg) decided on 29.12.2015 (10 Sa 32/15) that, even if an employee consumes cakes and pastries belonging to the employer without payment, an extraordinary and immediate termination might be ineffective if it is not certain that the employee has deliberately and seriously broken existing rules if clarification and, …

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EU anti-discrimination law does not apply to artificial applications

The European Court of Justice (ECJ) ruled on 28 July 2016 (docket number: C-423/15) that a person cannot claim discrimination protection if the person is artificially applying for a post with the essential aim of not actually taking up that post but only in order to bring claims for compensation. The plaintiff (Mr Kratzer) has …

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Exclusion Clauses: “Textual Form” to be Sufficient

Many employees are not adequately informed as to what a requirement for notification in “written form” encompasses. With regard to exclusion clauses, this lack of information can lead to an inability to exercise certain rights. Generally, exclusion clauses in employment contracts include provisions under which claims arising from the employment contract become void if they are …

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Refusal of a staff appraisal can justify notice of ordinary termination

An employment agreement may be terminated for cause if an employee who has been appropriately cautioned refuses an official conversation with his/her superior because the employee is only willing to have such conversations in the presence of a works council member (case-by-case decision, 18 Sa 1140/15, State Labor Court Hamm – Landesarbeitsgericht Hamm). The plaintiff …

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Statutory minimum wage does not constitute a reference point to establish the invalidity of a salary agreement

The Federal Labour Court (BAG) ruled on 18 November 2015 (docket number 5 AZR 814/14) that the comparative standard to render a salary agreement invalid is the common salary in the relevant economic sector and not the minimum wage. In the case at hand, the employee worked as a bus hostess on a school bus …

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No Obligation to Ensure Smoke-Free Workspace in State Casino

Workplace protection laws do not entitle an employee to claim a right to work in a smoke-free environment if smoking is allowed at that workplace and if the employer improved the smoke-related situation in recent years, the Higher Labour Court (Landesarbeitsgericht, LAG) Hessen decided on 13 March 2015 (docket no. 3 Sa 1792/12). A different …

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