Category Archive: Damages

Discriminatory job advertisement – No claim for damages if applicant was not “seriously” applying for the job

If an applicant applies for a job solely to bring a claim then he will have no claim for damages, even if the job advertisement violates the General Act on Equal Treatment (judgement of the Munich labour court dated 24 November 2016, docket number 173 C 8860/16). A company advertised a voluntary job at a …

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Rail Cartel: Which court is competent for recovery claims against a former manager?

This is the first case in Germany in which a company has claimed for recovery from a former manager because he (allegedly) was responsible for the company infringing competion law. The decision of the Federal Labour Court (Bundesarbeitsgericht) was thus eagerly awaited. By judgment of 29 June 2017 (docket number 8 AZR 189/15), the Federal Labour Court annulled the former judgment …

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Increase of Working also for Disabled Employees!?

On 26 January 2017, the Federal State Labour Court (Bundesarbeitsgericht) ruled that a disabled part-time employee may not claim damages for discrimination where his employer did not offer him an increase in weekly working hours, unlike his colleagues (docket number: 8 AZR 736/15). In the case at hand, the employer, a courier service provider, employed …

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Federal Labor Court rulings to watch in 2017 (edition Jan – March)

Already in the first quarter of the New Year Germany’s Federal Labor Court will deliver a number of judgments important for advisors and practitioners alike: Time Credits for works council members? (- docket no 7 AZR 224/15 – expected for 18 January 2017- ) Although members of a works council act in an honorary role …

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The objective suitability of an applicant is no condition for discrimination

The Federal Labor Court (Bundesarbeitsgericht) decided on 19 May 2016 (docket no. 8 AZR 470/14) that an applicant, who is not objectively suitable for the advertised position, is nevertheless in a comparable situation or comparable position within the meaning of sec. 3 para. 1 and 2 of the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – …

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Strikes Against Industrial Peace Provisions Unlawful, Says Federal Court

As airport and airline strikes have become an almost annual event, in a landmark decision the Federal Labour Court (Bundesarbeitsgericht, BAG) has ruled on the obligation to pay damages in the event of an unlawful strike (judgment dated 26 July 2016, docket number 1 AZR 160/14).. The relevant strike occurred in 2012 when the Air …

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Damages for harassment at the workplace

Unfair treatment at the workplace only qualifies as harassment if it based on continuing hostile and discriminatory behavior that follows a purpose not protected by the legal system and infringes on an individual’s personality or similar rights (judgment by the Higher Labour Court (Landesarbeitsgericht, LAG) Rheinland-Pfalz, 30 November 2015, docket no. 3 Sa 371/15). In …

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Employers must watch out when watching employees

The Federal Labour Court (Bundesarbeitsgericht) ruled on February 19, 2015 (docket number: 8 AZR 1007/13) that the covert observation of an employee by a private investigator is illegal in circumstances where the employer has no legitimate reasons for carrying out such an observation. In the case under consideration, the employee was unable to work for …

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Discrimination due to weight?

The Local Labour Court (Arbeitsgericht, ArbG) Darmstadt has rejected a disability discrimination lawsuit against a health promotion company (judgment dated June 12, 2014, docket number 6 Ca 188/14). The plaintiff, a female applicant, had sued the company for 30,000 EUR in damages under the German Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG). The applicant is 1.7 …

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Too short to fly?

The Regional Labour Court (Landesarbeitsgericht, LAG) Cologne has rejected a sex discrimination lawsuit against Lufthansa (judgment dated June 25, 2014, docket number 5 Sa 75/14). The plaintiff, a female pilot applicant, had sued the airline for damages under the German Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG). Lufthansa has a height requirement in place mandating that …

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