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Karen Wilhelm LL.M.

Author's details

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

Latest posts

  1. No laptop for works council — January 16, 2017
  2. Termination dispute about sympathy card with the words “you are next”… — October 6, 2016
  3. Death threats towards the employer can be grounds for termination without notice — September 12, 2016
  4. Instructions about phone use require prior consultation of Works Council — May 19, 2016
  5. Damages and injury award because of lower wages for female workers — May 2, 2016

Author's posts listings

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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How serious are you with your job application?

The Federal Labour Court (Bundesarbeitsgericht) had to deal with this question in the case at hand (docket number 8 AZR 848/ 13(A)) and made a reference to the European Court of Justice (Europäischer Gerichtshof) for a preliminary ruling. The plaintiff, who had been a fully qualified lawyer since 2001 and worked in this field for …

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Fake camera in the workplace – No co – determination right for works council

The works council does not have a co-determination right where the employer installs a fake security camera on the premises. This question was subject to a decision issued by the higher labour court Mecklenburg-Vorpommern dated 12 November 2014, docket number 3 TaBV 5/14. The employer, a clinic, had installed a fake camera at the back …

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