I. Compensation subject to the contract of employment -
Reimbursement of detective costs in the event of a termination upon
suspicion
In its judgement of September 26, 2013 (8 AZR 1026/12) the
Federal Labour Court (BAG) has deemed the costs for a detective of
an employer refundable – only – in case of a legally
valid termination upon suspicion.
Suspicion subsequent to the first observation made by the
detective
Reinforcement of suspicion subsequent to a new (second)
observation – termination upon suspicion and
compensation
Due to the frequent absences from work of the employee the
employer commissioned a detective agency. The first observation
produced a considerable number of indicators for the fact that the
employee was actually not unfit for work. As a result of that the
employee was requested to be examined by the medical service of the
health insurance, which the employee refused several times. In the
month following the employer commissioned the
