Category Archive: Termination

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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Favouring a relative may result in termination without notice.

Where an HR manager (here the Head of HR and organization of the National Association of Statutory Health Insurance and Physicians (KBV) sets the remuneration of a close relative too high without giving prior attention to the potential conflict of interest, this may justify termination without notice even without prior written warning, the Labour Court …

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Browser history analysis without specific employee consent

An employee’s entitlement to privacy and data protection in the workplace is one of the most frequently discussed topics in employment law. Many employers allow, or at least tolerate, private internet use in the workplace to a reasonable extent. If the employer instead opts to prohibit all personal use of internet in the workplace, an …

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Ordinary termination of employment due to sickness

A decision of the German Federal Labour Court (Bundesarbeitsgericht) on 13 May 2015 considered an employer’s termination of an employment contract based on personal reasons (the employee’s long term sickness absence) where there was no prior operational integration management (betriebliches Eingliederungsmanagement). The German Federal Labour Court indicated that the requirement on the employer to prove …

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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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Equal treatment regarding special premium for waiver of an action

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 8 December 2015 (docket number 1 AZR 595/14) that a works agreement on special premium dependent on renunciation of suing for dismissal protection may not exclude employees who are employed otherwise after their dismissal and do not initiate dismissal protection proceedings. The plaintiff is an official (“Beamter“). In case …

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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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Different principles for different payments

On 8 December 2015 the Federal Labour Court (Bundesarbeitsgericht, BAG, docket number: 1 AZR 595/14) ruled that it is permissible to limit severance payment entitlements in a social plan (Sozialplan) to employees who are facing unemployment as a result of the termination. In contrast to this, a bonus payment in exchange for a waiver to …

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Employees behind bars…

The Hamburg Higher Labor Court (Landesarbeitsgericht Hamburg) has confirmed previous case law that a custodial sentence may justify an ordinary termination (judgment of 7 July 2015, docket number: 6 Sa 14/15). The employee in this case was given a custodial sentence of 4 years and it was not foreseeable if and when the sentence would …

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