Category Archive: Conduct Related Dismissal

Inadmissible evidence through installation of a keylogger

Using a software keylogger may not always be much help in supporting a termination for cause, as a recent case before the Federal Labour Court shows (judgment dated 27 July 2017, docket number 2 AZR 681/16). The employee had worked for the employer since 2011. When opening up its network, the company informed employees that …

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Competing activities during notice period can justify an immediate termination for cause

In its judgment dated 12 April 2017 (docket number 3 Sa 202/16), the Higher Regional Labour Court of Schleswig Holstein found that activities for a competitor during an employee’s notice period may justify an immediate termination for cause. Under the employment contract, the employee had committed not to hold any shares of a company in …

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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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No ice behind the steering wheel

The German Federal Labour Court (Bundesarbeitsgericht, BAG; docket no. 6 AZR 471/15) recently had to review a decision made by the Nuremberg Higher Labour Court (Landesarbeitsgericht, LAG; docket no. 7 Sa 124/15) that considered a first-time DUI violation not sufficient for an immediate termination of a truck driver’s employment contract. The Federal Labour Court considered …

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Terminations for breaches of compliance regulations

On 26 February 2016 (docket number: 1 Sa 358/15) the Higher Labour Court (Landesarbeitsgericht, LAG) Rhineland-Palatinate decided that an employer may terminate the employment relationship with an employee who breached company compliance rules provided the employee was served with a warning for a similar violation before. In the present case the court found that the …

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Compliance investigations and the two-week exclusionary period for immediate dismissal for cause

The successful management and timing of compliance investigations requires careful consideration of the statutory two-week exclusionary period for immediate dismissal for cause of employees involved in any compliance violations.   In German law, an immediate dismissal for cause is only valid and legally effective if the competent works council was duly heard and the written dismissal …

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Al Capone freaked out – and suddenly carnival had become a serious matter…

Carnival is about to take place in two weeks. Therefore, a recent decision of the Higher Labour Court Düsseldorf (Landesarbeitsgericht, LAG) of 22 December 2015 (docket number 13 Sa 957/15) might be of interest in respect of the numerous upcoming corporate Carnival events. In the case at hand the parties argued about the validity of …

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Only once is once too often

The Higher Labor Court Hesse (Landesarbeitsgericht Hessen) ruled on 23 March 2015 (ref. no. 16 Sa 646/14) that handing the employer an intentionally manipulated sick note can justify an extraordinary dismissal even if the employment relationship lasts for more than 23 years without significant misconduct. In this case the employee, a mother of 2 children …

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This ship has sailed, or: Dismissal of a pirate

Making illegal copies of CDs and DVDs at work using equipment provided by the employer can be grounds for dismissal for cause with immediate effect (judgment by the Federal Labour Court – Bundesarbeitsgericht, BAG; dated 16 July 2015, docket number 2 AZR 85/15). The employee had been working for the Land Saxony-Anhalt and was in …

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Don’t harass – it’s a mess

The Higher Labour Court Hessen (Landesarbeitsgericht Hessen, LAG) ruled on February 21, 2015 that sexual harassment of a close minor relative of a co-worker can justify a summary dismissal (docket number 14 Sa 609/1). In the context of his employment with the defendant the plaintiff was responsible for a culture hall where among others events for …

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