Tag Archive: dismissal

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 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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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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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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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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A consent order of the New York Department of Financial Services does not in itself justify a dismissal

The state labor court of Frankfurt (Landesarbeitsgericht Frankfurt) ruled on 13 July 2016 (docket number: 18 Sa 1498/15) that a dismissal of an employee by a major financial institution at the behest of the New York Department of Financial Services (NYDFS) is invalid. The dismissal has to be justified based on German labour law. The financial institution …

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Refusal of a staff appraisal can justify notice of ordinary termination

An employment agreement may be terminated for cause if an employee who has been appropriately cautioned refuses an official conversation with his/her superior because the employee is only willing to have such conversations in the presence of a works council member (case-by-case decision, 18 Sa 1140/15, State Labor Court Hamm – Landesarbeitsgericht Hamm). The plaintiff …

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