Tag 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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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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Hard touch down for aviation companies’ damage claims

On 25. August 2015 the Federal Labor Court (Bundesarbeitsgericht) ruled that a supporting strike by a third party occupational group which is not part of the labor dispute but is represented by the union involved will not entitle the affected third party companies to damages (ref. no. 1 AZR 754/13). In several parallel cases which …

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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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Grant it or else …

According to a recent judgment of the Higher Labour Court of Berlin-Brandenburg (Landesarbeitsgericht, LAG), employers are obliged to grant annual vacation, breaks and rest periods as required by the law on their own without prompting (judgment dated June 12, 2014, docket number: 21 Sa 221/14). If an employer fails to grant the annual vacation entitlement …

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Be aware…

DLA Piper publishes regularly a newsletter in German with recent news about employment law. The February issue of the DLA Piper “Be Aware” Newsletter provides a summary on proposed laws according to the coalition agreement as well as an overview on important labour court decisions. The newsletter contains decisions about consequences of not only temporarily …

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Termination of the employment of HIV-infected employee violates human rights

The European Court of Human Rights (ECHR) decided on October 3, 2013 that a termination of  an employment relationship with an employee because of his HIV-infection constitutes a violation of human rights (docket number: 552/10). The plaintiff was working at a jewelry manufacturer in Greece. His co-workers requested his dismissal as they were afraid to …

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