burden of proof

CAN EMPLOYERS CLAIM REIMBURSEMENT OF INVESTIGATION COSTS?

By Felisa Frey / 24 March 2022 24 March 2022 / burden of proof, Compliance, Damages

The Federal Labour Court (Bundesarbeitsgericht) ruled on 29 April 2021 (docket number: 8 AZR 267/20) that, in principle, the employer may claim reimbursement of required investigation costs from the employee. Subject to reimbursement are necessary costs incurred by the intervention of a specialized law firm if the employer has commissioned it to conduct investigations into …

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Addressing applicants “who are about to graduate”, asking for “very good German and English language skills” as well as a description of being a “young, dynamic company” is in general non-discriminatory

By Thomas Wiedmann / 24 July 2018 11 June 2019 / burden of proof, Compliance, Discrimination, Equal Treatment

On 23 November 2017 the Federal Labour Court (Bundesarbeitsgericht, BAG) ruled in two parallel proceedings, each with the same plaintiff, on compensation claims for an alleged infringement of the principle of non-discrimination under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG) on the basis of two job advertisements. The first position required a completed degree, …

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Termination only on the basis of suspicion – Basics and difficulties

By Tom Stiebert / 4 October 2017 11 June 2019 / burden of proof, Dismissal, Termination

We recently reported on third parties’ pressure to terminate an employee in our blog. This time, too, we would like to take a current judgment (Federal Labour Court of Germany (“Bundesarbeitsgericht”) from 2.3.2017, docket number 2 AZR 698/15) as an opportunity to report on a further special possible termination: a termination based only on suspicion …

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Inadmissible evidence through installation of a keylogger

By Dr. Astrid Schnabel LL.M. / 8 August 2017 11 June 2019 / burden of proof, Conduct Related Dismissal, Data Protection, Dismissal, Termination

Using a software keylogger may not always be much help in supporting a termination for cause, as a recent case before the Federal Labour Court shows (judgment dated 27 July 2017, docket number 2 AZR 681/16). The employee had worked for the employer since 2011. When opening up its network, the company informed employees that …

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New Act on Remuneration Transparency

By Dr. Bernd Borgmann LL.M. / 13 June 2017 11 June 2019 / burden of proof, Compliance, Discrimination, Equal Treatment, Government/Politics, Legislation, Remuneration, Uncategorized

Following up our blog post from December 19, 2016 where we reported about a legislative proposal to promote equal pay between women and men, the Remuneration Transparency Act has now entered into force. Arguing that women still earn 7 % less than men even if statistics account for women frequently working part-time, less often climbing …

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