Category Archive: Dismissal

Boon and bane of social media

Employers often encourage their employees to create social media profiles with platforms like XING or LinkedIn since they will also benefit from the marketing effects. However, using social media may also cause substantial internal conflicts. Such a conflict was recently subject to a ruling by the Regional Labor Court of Cologne (Landesarbeitsgericht Köln, LAG) on …

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Dismissal Protection Act not applicable to managing directors despite employee status

While recent EU law developments on the potential employee status of managing directors (cf. ECJ, June 9, 2015, docket no. C-229/14 – Balkaya) and decisions of the German Federal Labour Court regarding the procedural issue of giving managing directors access to the Labour Courts under certain circumstances have somewhat blurred the dividing lines between managing …

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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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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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News concerning mass dismissal procedure

On 9 June 2016 the Federal Labour Court (Bundesarbeitsgericht) decided that incorrect information to the Works Council with regard to a planned mass dismissal can be healed by a final statement of the Works Council (docket number: 5 AZR 405/15).   After deciding to close the business down, the Works Council was informed about the …

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Investigations by a Detective create (not only) Data Privacy Issues

The Higher Labour Court of Baden-Württemberg (Landesarbeitsgericht Baden-Württemberg, docket number 4 Sa 61/15) decided on 4 July 2016 that the employer´s instruction of a private detective to investigate its suspicion of unlawful behaviour of its employee infringed German data privacy rules. The detective´s findings must not be used as evidence of the employee´s breach of …

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Mass Dismissals

German Federal Labour Court, dated September 22, 2016, docket number 2 AZR 276/16 A decision of the German Federal Labour Court (Bundesarbeitsgericht) on 22 September 2016 considered that the employer may stop the consultation procedure with the Works Council about mass dismissals if the Works Council did not show willingness to negotiate measures to avoid …

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Too fat to work? 200kg employee is fighting against his dismissal

On June 27, 2016 the Higher Labour Court (Landesarbeitsgericht Düsseldorf, docket number 7 Sa 120/16) had to decide whether the termination of employment of a man weighing 200 kg is justified. The defendant worked in a landscaping, civil engineering and canal construction business. Besides the plaintiff, who has worked for the defendant since 1985, the …

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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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