on Termination

Diplomatic Immunity for Consulates as Employer

2012-12-16T06:48:10+01:00

Diplomatic Immunity for Consulates as Employer

The ECJ had to decide on July 19, 2012 (re C-154/11 Ahmed Mahamdia v Algeria) whether a consulate may hide behind its diplomatic status to enslave their employees.

Employer Tolerated Significant Damages for Months - Now too Late to Fire

2011-01-02T11:58:13+01:00

Employer Tolerated Significant Damages for Months - Now too Late to Fire

Read all about the misery of Lufthansa subsidiary LSG Sky where an employee caused around € 2,500 damages and yet they still lost the case in the Labor Court of Frankfurt / Main (judgment of September 24, 2010, re 24 Ca 1697/10).

European Court of Justice Knocks down German Rules for Firing

2010-01-24T15:30:19+01:00

European Court of Justice Knocks down German Rules for Firing

Persons employed can be happy about the latest judgment of ECJ of January 19, 2010 (re C-555/07). This is at least true for persons under the age of 26.

Firing for € 1.30 reasonable though 30 years employed

2009-03-13T08:29:00+01:00

Firing for € 1.30 reasonable though 30 years employed

Normally, a strong suspicion suffices to terminate a labor contract. In Berlin, a lady was fired because she allegedly embezzled deposit vouchers valuing €1.30 that were left behind. The LAG Berlin was called to decide on the reasonability of this decision (February 24, 2009, re 7 Sa 2017/08). This decision was heatedly discussed in the German media.

Immediate Termination Threats Against Life and Limb? Not Without Proof

2009-03-19T17:20:46+01:00

Immediate Termination Threats Against Life and Limb? Not Without Proof

Some employees surely deserve to be fired. Especially when they threaten to batter their employer. Does it just suffice that the employer alleges that the employee threatened him? The LAG Düsseldorf decided on August 21, 2008 on this issue (re 5 Sa 240/08).

May Employers Give the Order: "Off to Retirement!"

2010-12-14T18:17:13+01:00

May Employers Give the Order: "Off to Retirement!"

When you have turned 65, still feel young enough to work, and still want to work, can it be that your employer gives you the order "Off to retirement!"? After going through the whole hierarchy of domestic labor courts, this question was brought to ECJ. This court correctly worded the order if or if not "off to retirement" with its judgment of October 12, 10 2010 (re C-45/09).

Must Extraordinary Notice Come on Time

2009-11-18T15:17:48+01:00

Must Extraordinary Notice Come on Time

How long can an employer wait until he terminates an employment without prior notice? Is there a period at all? The LAG Rhineland-Pfalz answered this question on April 17, 2009 (re 6 Sa 709/08) in its judgment.

Terminating Employment Because your German is Insufficient?

2010-04-08T12:54:29+02:00

Terminating Employment Because your German is Insufficient?

Günther fired his employee extraordinarily because his employee lacked sufficient knowledge of German. Can that be? Outrageous, isn't it? The Federal Labor answered this question for us with its judgment ofJanuary 28, 2010 (re 2 AZR 764/08).

Who Must Sign a Notice to Terminate Employment?

2009-02-05T17:10:26+01:00

Who Must Sign a Notice to Terminate Employment?

The BAG (re 2 AZR 162/04 of April 21, 2005) recently delivered an important judgment for employees on how jobs are to be terminated. A partnership of dentists gave notice to an employee that was only signed by two of the three dentists. Above the typed name of the third dentist there was no signature. The letter did not mention that the third dentist was to be represented by the other two dentists. The employee filed a suit for continued employment and won in the final instance at the Federal Labor Court.