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Ma-ly Nguyen

Author's details

Name: Ma-ly Nguyen
Date registered: July 9, 2014

Latest posts

  1. Discriminatory severance payments — November 25, 2015
  2. You can take your tie off… — November 3, 2015
  3. There’s no fool like an apprentice fool…. — March 12, 2015
  4. Guilty or not guilty – termination of the employment of an addicted employee — November 25, 2014
  5. No right to terminate a home-office agreement — November 10, 2014

Author's posts listings

Discriminatory severance payments

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 17 November 2015 (docket number: 1 AZR 938/13) that regulations in social plans may be invalid if they provide for a (adverse) lump sum calculation of the severance payment only for severely disabled employees, whilst severance payments for other employees are calculated on an individual basis (and are …

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You can take your tie off…

The Higher Labor Court Baden-Württemberg (Landesarbeitsgericht, LAG) ruled on 21 October 2015 (docket number: 4 TaBV 2/15) that the local works council may be the competent employee’s representative body to negotiate with when it comes to whether employees can request a temperature-dependent dress code, even if the dress code itself has been agreed on in …

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There’s no fool like an apprentice fool….

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on February 12, 2015 (docket number: 6 AZR 845/13) that (amongst other things) the termination of an apprentice for serious cause based on suspicion of a crime was capable of being justified. The plaintiff completed his apprenticeship as a bank officer at the company’s office. After he had …

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Guilty or not guilty – termination of the employment of an addicted employee

The Labour Court Düsseldorf (Arbeitsgericht; docket number: 2 Ca 3420/14) ruled on October 21, 2014 that the termination of an employment with a gambling-addicted employee based on misappropriation of money is valid even though a works council agreement determines that the employer is obliged to take various disciplinary actions (including informal/formal warnings) prior to any …

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No right to terminate a home-office agreement

The Higher Labour Court Düsseldorf (Landesarbeitsgericht, LAG; docket number: 12 Sa 505/14) ruled on 10 September 2014 that an employer may not unilaterally terminate an agreement entitling an employee to work in his home-office without any reason, even where a mutual agreement gives the employer the right to terminate. In the case at hand the …

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A friendly word costs nothing, an unfriendly one may cost a lot more…

The Regional Labour Court of Schleswig-Holstein (LAG Schleswig Holstein) ruled on 20 May 2014 that a warning can reasonably be issued to an employee for rude behavior towards customers (docket number 2 Sa 17/14). The plaintiff worked as a training consultant. When a participant on the training course asked him where to apply for the …

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Discrimination, an ever-present issue

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 25 June 2014 (docket number 7 AZR 847/12) that as a result of the non-discrimination principle the employer may be obliged to offer an employee, who worked as a works council member during his fixed-term employment, an unlimited follow-up contract.   The plaintiff started to work on the basis …

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