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 context was ineffective. The employee works for the district in the area of hygiene and infection protection. In the employee’s area of responsibility, hazards could arise which make it necessary to act outside working hours. Until the end of 2016, this was ensured and organized …

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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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