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Karen Wilhelm LL.M.

Author's details

Name: Karen Wilhelm LL.M.
Date registered: December 23, 2013

Latest posts

  1. Ineffective termination in spite of frequent short term absences due to illness — May 24, 2017
  2. Leaving the workplace to take care of a sick dog can lead to termination — May 10, 2017
  3. No laptop for works council — January 16, 2017
  4. Termination dispute about sympathy card with the words “you are next”… — October 6, 2016
  5. Death threats towards the employer can be grounds for termination without notice — September 12, 2016

Author's posts listings

Ineffective termination in spite of frequent short term absences due to illness

On 7 March 2017, the Higher Labour Court (LAG Mecklenburg-Western Pomerania, docket number 2 Sa 158/16) decided that a termination can be ineffective even though the employee’s absences due to illnesses are frequent and significant. The illness must fulfill the requirements of the negative prognosis that the employee will not come back to work for …

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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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No laptop for works council

It depends on the specific circumstances of the individual case whether a works council with eleven members, which is already provided with two personal computers, can claim to be provided with an additional laptop. The defendant runs a freight company with 350 employees. Its works council, which has eleven members, already works with two internet-enabled …

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Termination dispute about sympathy card with the words “you are next”…

The Higher Labour Court Hamm (Landesarbeitsgericht Hamm, docket number 7 TaBV 45/16) had to decide whether a member of the works council, with a seniority of 20 years, can be terminated for good cause with immediate effect. The reason for the termination was the allegation that a member of the works council wrote “for you …

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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 …

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Instructions about phone use require prior consultation of Works Council

On 18 November 2015, the Labour Court (Arbeitsgericht, ArbG) Munich (November 18, 2015 – docket-number: 9 BV-Ga 52/15) decided that an employer must consult the works council prior to establishing and enforcing a ban on private mobile phone use. In this decision the works council (plaintiff) argued that a ban of mobile phones at the …

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Damages and injury award because of lower wages for female workers

On 28 October 2015, the Higher Labour Court (Landesarbeitsgericht, LAG) Rhineland-Palatinate (October 28, 2015 – docket number: 4 Sa 12/14) decided that an employer who pays female employees less than their male counterparts is liable to pay the difference in damages plus a compensation award. Any employers not complying with the “equal job – equal …

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Showering in the workplace is a private matter: the employer only has to pay for changing time

Which activities are treated as working time and must be paid by the employer? The Higher Labour Court Düsseldorf (Landesarbeitsgericht/LAG) was called  to decide whether the owner of a car workshop owes his employees remuneration for changing clothes (five minutes before and after shift) and washing time (ten minutes after shift) (settlement dated 3 August …

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Termination without notice due to a nap during a night shift

The Higher Labour Court Rheinland-Pfalz (Landesarbeitsgericht, LAG) ruled on 16 April 2015 (docket number 5 Sa 637/14) that an employer can terminate an employee’s employment without notice because of a nap taken during a shift. The employee worked for 16 years as a night guard in a retirement home.  Two night guards were employed by …

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Termination instead of prize after taking part in telephone sweepstake

On 16 September 2015 the Higher Labour Court (Landesarbeitsgericht, LAG) Düsseldorf decided that dialing a fee-based hotline in order to take part in a radio-quiz whilst at work does not justify a termination for good cause with immediate effect (docket number: 12 Sa 630/15). An employee had dialed a fee-based hotline 37 times from the …

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