Nils Grunicke

Commencement of the „two months period“ for asserting claims for damages due to a violation of the General Act on Equal Treatment

On 29 June 2017 the Federal Labour Court ruled that a “rejection of an application” by a company requires an explicit or implied statement from the company that can be interpreted by the applicant in the way that his application was not successful. Only if such statement is received the two months period for asserting claims for damages due to a violation of the General Act on Equal Treatment commences (docket number 8 AZR 402/15). …

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Employees exempted from their duties are allowed to take part in a corporate event

On 22 June 2017 (docket number 8 CA 5233/16) the labour court in Cologne found that an employee is allowed to take part in company outings and events although he is on garden leave. The employee and subsequently plaintiff had been working for the employer, an association that operates retirement homes, for almost three decades. Triggered by a change in the employer’s executive board, the employee agreed to be on garden leave for the last …

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