Damages Archives - Employment Germany

CAN EMPLOYERS CLAIM REIMBURSEMENT OF INVESTIGATION COSTS?

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

By Nils Grunicke / 29 December 2017 11 June 2019 / Damages, Discrimination

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 …

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Discriminatory job advertisement – No claim for damages if applicant was not “seriously” applying for the job

By Florian Jeske / 18 August 2017 11 June 2019 / Damages, Discrimination, Equal Treatment

If an applicant applies for a job solely to bring a claim then he will have no claim for damages, even if the job advertisement violates the General Act on Equal Treatment (judgement of the Munich labour court dated 24 November 2016, docket number 173 C 8860/16). A company advertised a voluntary job at a …

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Rail Cartel: Which court is competent for recovery claims against a former manager?

By Thomas Wiedmann / 10 July 2017 11 June 2019 / Compliance, Damages

This is the first case in Germany in which a company has claimed for recovery from a former manager because he (allegedly) was responsible for the company infringing competion law. The decision of the Federal Labour Court (Bundesarbeitsgericht) was thus eagerly awaited. By judgment of 29 June 2017 (docket number 8 AZR 189/15), the Federal Labour Court annulled the former judgment …

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Damages for harassment at the workplace

By Dr. Isabel Schäfer / 20 April 2016 11 June 2019 / Damages, Discrimination

Unfair treatment at the workplace only qualifies as harassment if it based on continuing hostile and discriminatory behavior that follows a purpose not protected by the legal system and infringes on an individual’s personality or similar rights (judgment by the Higher Labour Court (Landesarbeitsgericht, LAG) Rheinland-Pfalz, 30 November 2015, docket no. 3 Sa 371/15). In …

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