Tag Archive: written warning

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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Refusal of a staff appraisal can justify notice of ordinary termination

An employment agreement may be terminated for cause if an employee who has been appropriately cautioned refuses an official conversation with his/her superior because the employee is only willing to have such conversations in the presence of a works council member (case-by-case decision, 18 Sa 1140/15, State Labor Court Hamm – Landesarbeitsgericht Hamm). The plaintiff …

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