Category Archive: Termination

Termination dispute about sympathy card with the words “you are next”…

The Higher Labour Court Hamm (Landesarbeitsgericht Hamm, docket number 7 TaBV 45/16) had to decide whether a member of the works council, with a seniority of 20 years, can be terminated for good cause with immediate effect. The reason for the termination was the allegation that a member of the works council wrote “for you …

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Offending superiors on Facebook with emoticons does not automatically justify termination of the employment contract

On 22 June 2016 the Higher Labour Court of Baden-Wurttemberg (Landesarbeitsgericht Baden-Württemberg, docket number 1 Ca 290/15) ruled that referring to superiors with emoticons of animal heads – such as in this case a pig’s or a monkey’s head – in a conversation among employees on Facebook may be an insult, but was not sufficient …

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Can someone be dismissed for wearing an Islamic head scarf?

According to an Advocate General’s opinion to the European Court of Justice (dated 13 July 2016, C-188/15 Bougnaoui and ADDH v. Microple SA) a company policy requiring an employee to remove her Islamic headscarf when in contact with clients constitutes unlawful direct discrimination. Ms Bougnaoui is a Muslim woman who was employed as a design …

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Terminations for breaches of compliance regulations

On 26 February 2016 (docket number: 1 Sa 358/15) the Higher Labour Court (Landesarbeitsgericht, LAG) Rhineland-Palatinate decided that an employer may terminate the employment relationship with an employee who breached company compliance rules provided the employee was served with a warning for a similar violation before. In the present case the court found that the …

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Mass redundancies: Second dismissal requires second notification of the Federal Labour Office

On 20 January 2016 the Federal Labour Court (Bundesarbeitsgericht, BAG) ruled that a notification of the Federal Labour Office (Bundesagentur für Arbeit) in case of a mass dismissal only applies to the concrete dismissals included in the notification. Further and later dismissals require additional notification. It also clarified the process stipulated by the law in …

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Favouring a relative may result in termination without notice.

Where an HR manager (here the Head of HR and organization of the National Association of Statutory Health Insurance and Physicians (KBV) sets the remuneration of a close relative too high without giving prior attention to the potential conflict of interest, this may justify termination without notice even without prior written warning, the Labour Court …

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Browser history analysis without specific employee consent

An employee’s entitlement to privacy and data protection in the workplace is one of the most frequently discussed topics in employment law. Many employers allow, or at least tolerate, private internet use in the workplace to a reasonable extent. If the employer instead opts to prohibit all personal use of internet in the workplace, an …

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Ordinary termination of employment due to sickness

A decision of the German Federal Labour Court (Bundesarbeitsgericht) on 13 May 2015 considered an employer’s termination of an employment contract based on personal reasons (the employee’s long term sickness absence) where there was no prior operational integration management (betriebliches Eingliederungsmanagement). The German Federal Labour Court indicated that the requirement on the employer to prove …

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Compliance investigations and the two-week exclusionary period for immediate dismissal for cause

The successful management and timing of compliance investigations requires careful consideration of the statutory two-week exclusionary period for immediate dismissal for cause of employees involved in any compliance violations.   In German law, an immediate dismissal for cause is only valid and legally effective if the competent works council was duly heard and the written dismissal …

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Equal treatment regarding special premium for waiver of an action

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 8 December 2015 (docket number 1 AZR 595/14) that a works agreement on special premium dependent on renunciation of suing for dismissal protection may not exclude employees who are employed otherwise after their dismissal and do not initiate dismissal protection proceedings. The plaintiff is an official (“Beamter“). In case …

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