Category Archive: Termination

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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Dismissal of Severely Disabled Employees Only Valid After Participation of Representatives

Employees who suffer from a severe disability may no longer have their employment contracts terminated by their employer unless such dismissal proposal saw participation by the Severely Disabled Employees Council. This strengthening of the rights of severely disabled employees became valid on 30 December 2016, as the German Social Security Code IX (SGB IX) saw …

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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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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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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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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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Offending superiors on Facebook with emoticons does not automatically justify termination of the employment contract

On 22 June 2016 the Higher Labour Court of Baden-Wurttemberg (Landesarbeitsgericht Baden-Württemberg, docket number 1 Ca 290/15) ruled that referring to superiors with emoticons of animal heads – such as in this case a pig’s or a monkey’s head – in a conversation among employees on Facebook may be an insult, but was not sufficient …

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Can someone be dismissed for wearing an Islamic head scarf?

According to an Advocate General’s opinion to the European Court of Justice (dated 13 July 2016, C-188/15 Bougnaoui and ADDH v. Microple SA) a company policy requiring an employee to remove her Islamic headscarf when in contact with clients constitutes unlawful direct discrimination. Ms Bougnaoui is a Muslim woman who was employed as a design …

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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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Mass redundancies: Second dismissal requires second notification of the Federal Labour Office

On 20 January 2016 the Federal Labour Court (Bundesarbeitsgericht, BAG) ruled that a notification of the Federal Labour Office (Bundesagentur für Arbeit) in case of a mass dismissal only applies to the concrete dismissals included in the notification. Further and later dismissals require additional notification. It also clarified the process stipulated by the law in …

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