Disability – Employment Germany

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

By Florian Jeske / 21 December 2017 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 plaintiff had been employed by the German federal state of Hesse since 1992 and worked – for most of the …

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No general participation right for representative of severely disabled people for warning notices

By Dr. Henriette Norda LL.M. / 14 December 2017 11 June 2019 / Disability, Written Warning

The Higher Regional Labour Court of Baden-Württemberg decided on 7 April, 2017 (docket number 7 TaBV 1/17) that the representative of severely disabled people has no right to be generally involved before a warning notice is issued to a disabled person. The representative of severely disabled people requested the determination of a general right to be involved in warning notices against severely disabled people and people treated as such. The Labour Court of Reutlingen rejected …

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