Daily Archive: October 7, 2015

Burden of proof in cases of dismissal for gross misconduct

In a case regarding any kind of dismissal for misconduct, the employer has to prove the absence of facts which would have justified or excused the employee’s behaviour. This was ruled on 27 January 2015 by the State Labour Court Mecklenburg-Vorpommern (Landesarbeitsgericht Mecklenburg-Vorpommern; docket number: 2 Sa 170/14).   The plaintiff had been dismissed for …

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