Tag Archive: Dismissal Protection claim

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 …

Continue reading »

Don’t worry about the correct defendant

Even if employees file their dismissal protection claim against the evidently wrong defendant, the claim may nevertheless have to be treated as validly filed against the actual employer according to a judgment of the Federal Labour Court (Bundesarbeitsgericht, BAG) dated February 20, 2014 (docket number: 2 AZR 248/13).   The Federal Labour Court decided that …

Continue reading »