88 results found

Third Quarter 2013

A mass dismissal must be notified in advance to the Labour Agency. The Dismissal Protection Act (DPA) regulates this obligation and the specific content of the notification.

The Bavarian Higher Administrative Court recently addressed the issue whether a pregnant employee can be dismissed without notice after having posted a critical statement about a client of the employer.

A German court has ruled that an employee with a company-funded D&O insurance policy can be held fully liable for millions in damages after falling victim to a CEO fraud scheme. The landmark decision challenges traditional employee liability protections and raises critical questions about the interplay between insurance coverage and workplace negligence standards.

According to a decision of the Regional Labour Court of Düsseldorf dated 7 March 2012 (docket no. 4 TaBV 11/12), an employer may not arbitrarily access data stored on the works council's drive of the EDP system.

The New York State Department of Financial Services required Commerzbank to terminate the employment of a Germany-based employee on the basis that he played "a central role" in the breaching of US sanctions.

Employees threatening their employers with sick leave is not an uncommon phenomenon. Additionally, to the loss of work force, the employer owes continued payment of remuneration...

The employer was of the opinion that the evidential value of the certificate of incapacity for work was compromised because the sick leave covered exactly the notice period.

The German Federal Labour Court recently addressed the issue whether stalking colleagues can justify a dismissal without notice.

If an employee spreads a rumor via WhatsApp that a colleague has been convicted of rape, this may justify dismissal without notice.

The Federal Labour Court has answered the question of whether the temporary workers employed at a company also should be taken into consideration for the application of the German Unfair Dismissals Act.

Whether a reduction in staff is notifiable under s17 of the Consumer Protection Act depends on the thresholds set out in that section. The numbers of employees must be determined for each ...

The Federal Labour Court has ruled on whether minor procedural errors in collective redundancy notifications invalidate dismissals, establishing that what matters is whether such errors prevent employment authorities from fulfilling their statutory duties. This decision clarifies the threshold for procedural compliance following recent CJEU guidance, examining when inaccuracies in the number of planned dismissals affect the validity of terminations.

On 16 April 2019, the European Parliament adopted a new Directive aimed at ensuring transparent and reliable working conditions for employees in the area of crowdworking.

A strict distinction must always be made between private and business life. Off-duty conduct can therefore only justify dismissal within very narrow limits.

In zwei Entscheidungen hat das LAG Düsseldorf kürzlich deutlich gemacht, dass die Vorlage eines gefälschten Impfnachweises grundsätzlich einen wichtigen Grund für eine außerordentliche Kündigung darstellen kann.

Besprechung von LAG Hessen Urt. v. 25.6.2021 – 14 Sa 1225/20, NZA-RR 2021, 598 Eine aufsehenerregende Entscheidung des LAG Hessen aus dem Sommer 2021 erhöht...

We wanted to let you know that effective 1 August 2022 the German Act on the Notification of Conditions Governing the Employment Relationship (Nachweisgesetz - NachwG) will be updated.