Category Archive: Compliance

Tricks in time recording do not save a lot of time!

Manipulation of time recording may justify dismissal without notice according to a judgment of the Higher Labour Court of Hessen (Landesarbeitsgericht, LAG).  Following judgments of the Federal Labour Court (Bundesarbeitsgericht, BAG), manipulation of time recording by employees is a serious breach of contract which can justify a dismissal without notice even where the employee in …

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Discrimination due to weight?

The Local Labour Court (Arbeitsgericht, ArbG) Darmstadt has rejected a disability discrimination lawsuit against a health promotion company (judgment dated June 12, 2014, docket number 6 Ca 188/14). The plaintiff, a female applicant, had sued the company for 30,000 EUR in damages under the German Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG). The applicant is 1.7 …

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Works council election 2014: Election can only be stopped for obvious and gross mistakes

Employers are only allowed to prevent works council elections, if the election is void due to serious and obvious mistakes. In the case at hand, the employer, who runs two facilities with separate work councils, refused to cooperate with the election board prior to the works council election. The two existing works councils planned to …

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Covert investigations and the risk for employers

A termination was void where the evidence supporting the termination was collected from the employee’s locker without the employee being present. In the case at hand, the employer, who runs cash & carry markets, suspected that one of its employees might have stolen goods. The manager secretly opened the employee’s locker during working time. The …

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Massaging business expense forms – fatal even without the employee’s signature

An airline dismissed a captain without notice after discovering that the captain had submitted overstated travel expenses, even though the expense form was not properly completed, had been partially overwritten and lacked the required signature.  The first two court hearings upheld the employee’s claim and ordered reinstatement as they regarded the carelessly filled form as …

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