Category Archive: Written Warning

Employee data protection: Notification of private mobile phone number to employer

The Higher Labor Court of Thuringia decided that the processing of an employee’s private mobile phone number against his will is an extremely serious interference with the employee’s personal rights and was not justified in the specific case (decision on 16 May 2018 – docket number 6 Sa 442/17). Therefore, the warning issued in this …

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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 …

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Legal validity of warnings

The Higher Labour Court Cologne (Landesarbeitsgericht Köln) decided on 20.09.2016 (12 Sa 381/16) that a warning cannot be considered as illegal on the ground that it is disproportionate because the employer should have given an admonition as a milder sanction first. The parties are in dispute about the legal validity of a warning. The plaintiff …

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