Employment Germany

Conduct Related Dismissal

REFUSAL TO WEAR A FACE MASK CAN JUSTIFY THE DISMISSAL OF A TEACHER

By / 20 October 2021 / Conduct Related Dismissal, Covid-19

By judgment of 7 October 2021 (docket number: 10 Sa 867/21) the Regional Labour Court Berlin-Brandenburg (Landesarbeitsgericht Berlin-Brandenburg – LAG Berlin-Brandenburg) has rejected the action for protection against dismissal brought by a teacher who refused to comply with the obligation to wear mouth-nose protection 1. Facts In this case, the employment of the claimant teacher …

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Occupational health and safety standards as a limit to the employer’s right to issue instructions

By / 11 June 2019 / burden of proof, Change of job position, Conduct Related Dismissal, Dismissal, Health, instructions

The allocation of a job which does not meet the requirements of Sec. 618 para. 1 German Civil Code (Bürgerliches Gesetzbuch, BGB) in conjunction with the public occupational health and safety standards may nevertheless correspond to the employer’s equitable discretion if it concerns only minor or short-term infringements which cannot cause lasting damage. This is …

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Termination with Change of Terms of Employment on Grounds of Conduct

By / 11 June 2019 / Change of job position, Conduct Related Dismissal, Termination

On 14 November 2017 the State Labour Court of Mecklenburg-Vorpommern (docket number 5 Sa 87/17) decided that a termination with change of terms of employment on grounds of conduct is socialyl justified if an employee has breached contractual obligations again in spite of a warning. In principle, this also applies in cases in which the …

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Threat to commit suicide or to run amok can justify a dismissal for cause with immediate effect

By / 11 June 2019 / Conduct Related Dismissal, Disability, Dismissal, Health, Sickness, Termination

On 29 June 2017 the Federal Labour Court decided that a serious threat of committing suicide or to run amok can be a compelling reason to terminate an employment relationship for cause with immediate effect if the employee thereby seeks to exert pressure on the employer (docket number 2 AZR 47/16). The employee and later …

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Inadmissible evidence through installation of a keylogger

By / 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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Competing activities during notice period can justify an immediate termination for cause

By / 11 June 2019 / Conduct Related Dismissal, Dismissal, Standard contractual terms and conditions of employment, Termination

In its judgment dated 12 April 2017 (docket number 3 Sa 202/16), the Higher Regional Labour Court of Schleswig Holstein found that activities for a competitor during an employee’s notice period may justify an immediate termination for cause. Under the employment contract, the employee had committed not to hold any shares of a company in …

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