Disability

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

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 time – in road maintenance. He enjoyed special dismissal protection based on collective bargaining agreements. The employee had been suffering from psychological difficulties and, as …

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

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 the claim. The complaint against it before the Higher Regional Labour Court of Baden-Württemberg was unsuccessful. The Labour Court of Reutlingen ruled that German law …

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