Tag Archive: sickness

I’ll just be sick then …!

An announcement of a sickness-based absence may not always justify a dismissal according to a judgment by the Higher Labour Court Cologne (Landesarbeitsgericht, LAG). Following judgments by the Federal Labour Court (Bundesarbeitsgericht, BAG), the announcement of absence from work due to sickness may justify a dismissal if the employee asks for leave and threatens the …

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Extraordinary dismissal due to numerous short-term absences?

According to the jurisdiction of the German Federal Labour Court (Bundesarbeitsgericht, BAG) many short-term sickness absences may justify the ordinary termination of an employment contract (judgment dated November 10, 2005, docket number: 2 AZR 44/05). However, what happens if an ordinary termination is excluded because of collective labour agreements? May the employer then issue an …

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Sick – but not too sick to work?

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on April 9, 2014 (docket number: 10 AZR 637/13) that a nurse who was unable to perform nightshifts was not considered to be incapacitated to work but rather was entitled to work day shifts only. This decision was a victory for the employee. However, the real casualties are …

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Can I carry over my vacation beyond 31 December 2013?

With the end of 2013 rapidly approaching, many employees will ask: “Can I carry over my vacation beyond 31 December 2013?” Under German employment law, the vacation year is, in principle, the calendar year. Thus, regularly, vacation forfeits at the end of the year. However, if holiday cannot be taken in the calendar year due …

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