Protection against Dismissal / Unfair Dismissal Archives - BUSE

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Fired for skipping courses! When works council members skip training courses and incorrectly document working hours.

01.04.2025
Tanja Radoux

Instand dismissal for privately venting on social media?

Instand dismissal for privately venting on social media? Private posts on social media which go off the rails can be grounds for termination without notice.

03.01.2025
Sabine Feindura

Sick or not sick? That is the question!

Sick or not sick? That is the question! How credible is a sickness certificate shortly before the end of the employment relationship?

17.12.2024
Thomas Geißler

Long-term illness – when can employees be dismissed?

Long-term illness – when can employees be dismissed? Great care is necessary if employers would like to dismiss employees on long-term sick leave

03.12.2024
Dr. Markus Dreyer

Bullying among colleagues: Is the employer required to pay compensation?

Bullying among colleagues: Is the employer required to pay compensation? When is an employee who has been bullied entitled to claim compensation?

03.09.2024
Sabine Feindura

Bribe accepted: Transferred to employer in full!

Bribe accepted: Transferred to employer in full! Employees who take bribes must transfer the bribe in full.

20.08.2024
Jan Tibor Lelley

Illness during Covid quarantine – bad luck!

Illness during Covid quarantine – bad luck! German Federal Labor Court rules that falling ill on vacation during the Covid pandemic does not entitle vacation day crediting. This case is now also regulated by law.

06.08.2024
Dr. Markus Dreyer

The term “digital native” is discriminatory!

The term “digital native” is discriminatory! Companies requesting “digital natives” in a job advertisement is discriminatory – because of the (lack of) age.

25.06.2024
Alexander Maximilian Kossakowski

Dismissing severely disabled persons during probationary periods can prove problematic.

Dismissing severely disabled persons during probationary periods can prove problematic. Prevention procedures can become a stumbling block when dismissing severely disabled employees.

11.06.2024
Tanja Radoux

Termination, registered letters and delivery: an ongoing labor law issue.

Termination, registered letters and delivery: an ongoing labor law issue. The proof of delivery plays a role when issuing notice of termination via registered mail.

30.04.2024
Walter Thimm

Is the gender asterisk discriminatory?!

Is the gender asterisk discriminatory?! Federal Labor Court ruled that use of the gender asterisk in German job advertisements is not discriminatory.

26.03.2024
Jürgen Masling

Certificate of incapacity for work and the Incapacity for Work Directive.

Certificate of incapacity for work and the Incapacity for Work Directive. Violations of the Incapacity for Work Directive can undermine the evidential value of a certificate of incapacity for work.

19.03.2024
Mathias Kühnreich

Evidential value of the certificate of incapacity for work.

Evidential value of the certificate of incapacity for work. A recent ruling concerning continued remuneration and the doubts concerning the evidential value of a certificate of incapacity for work.

13.02.2024
Julia Bruck

How to deal with political extremism in the workplace?

How to deal with political extremism in the workplace? What options does labor law provide to deal with political extremists in the workplace.

09.01.2024
Tobias Grambow

When managing directors reach their limits.

When managing directors reach their limits. The personal liability of managing directors for their own inability and supervisory negligence.

19.12.2023
Peter Fissenewert

Employees sick on vacation.

Employees sick on vacation. Labor law aspects to consider when employees fall ill while on vacation.

07.11.2023
Julia Bruck

Court injunction due to breach of competition in unfair dismissal proceedings?

Court injunction due to breach of competition in unfair dismissal proceedings? Proceedings against competition violations during unfair dismissal proceedings are not always possible.

10.10.2023
Jürgen Masling

Dismissal of the internal data protection officer during insolvency?

Dismissal of the internal data protection officer during insolvency? Internal data protection officers enjoy special protection against dismissal, even in the event of insolvency.

Federal Labor Court rules on mass dismissal notification: “Should” remains “should”.

Federal Labor Court rules on mass dismissal notification: “Should” remains “should”. A mass dismissal notification is not invalid if it does not include non-mandatory information (Federal Labor Court, decision dated May 19, 2022, Ref: 2 AZR 467/21).

25.07.2023
Tanja Radoux

Eliminating violence and harassment in the world of work: ILO Convention 190 ratified.

Eliminating violence and harassment in the world of work: ILO Convention 190 ratified. Built on an international foundation, the way has been paved for the law for protection against violence and harassment.

13.06.2023
Jan Tibor Lelley

Social plan: Does reducing severance pay for employees approaching retirement comply with the General Equal Treatment Act?

Social plan: Does reducing severance pay for employees approaching retirement comply with the General Equal Treatment Act? The Nuremberg State Labor Court considers capping lump-sum severance pays at one quarter to be justified.

18.04.2023
Mathias Maria Knorr

When is a termination letter legally signed?

When is a termination letter legally signed? Hamm State Labor Court rules on initials as signature.

07.02.2023
Dennis Gonta

Update Aufhebungsvertrag (2): Wie lassen sich Tücken der gütlichen Trennung umgehen?

Termination agreement update (2): Avoiding pitfalls with amicable separation? 12 do’s and don’ts which employers need to know.

15.11.2022
Dr. Markus Dreyer

Termination agreement update (1): What are the limits of the fair negotiation requirement?

Termination agreement update (1): What are the limits of the fair negotiation requirement? The Federal Labor Court clarifies case law regarding the fair negotiation requirement.

11.10.2022
Dr. Markus Dreyer

Termination update: 14 rules employers have to follow.

Termination update: 14 rules employers have to follow. The legally compliant termination of an employment relationship is strictly regulated – Current rulings.

29.03.2022
Julia Bruck

Federal Labor Court on leave during temporary layoffs: Employers may reduce leave proportionally.

Federal Labor Court on leave during temporary layoffs: Employers may reduce leave proportionally. A landmark ruling with consequences for vacation planning at companies in many sectors from retail to industry.

06.12.2021
Julia Bruck

BAG: Lockdown zählt nicht zum Betriebsrisiko des Arbeitgebers.

Federal Labor Court: Lockdown is not regarded as an employer’s operational risk. Federal Labor Court denies wage entitlement in the event of company closure to fight the pandemic.

18.11.2021
Tanja Radoux

Immediate dismissal following racist remark.

Immediate dismissal following racist remark. Decision from the Berlin Labor Court from 5 May 2021, Ref.: 55 BV 2053/21.

29.06.2021
Alexander Krol

Employees cannot sue for operational integration management

Employees cannot sue for operational integration management. State Labor Court Nuremberg: No actionable claim for operational integration management (Ref.: 5 Sa 117/20).

08.06.2021

Impossibility of Ongoing Employment Has to be Justified on a Case-by-Case Basis.

Impossibility of Ongoing Employment Has to be Justified on a Case-by-Case Basis. Higher Labor Court of Hesse: Impossibility of ongoing employment not generally justifiable.

20.04.2021
Mathias Kühnreich

Employment Relationship Terminated by Court Order Due to False Allegations in Court Proceedings.

Employment Relationship Terminated by Court Order Due to False Allegations in Court Proceedings. Higher Labor Court of Cologne: Employment relationship terminated. Reason: false statements in dismissal protection proceedings.

European Court of Human Rights: Dismissal of Whistleblowers Lawful.

European Court of Human Rights: Dismissal of Whistleblowers Lawful. Whistleblowers must verify the facts they suspect facts before they pass information on to third parties (police, public prosecution office, media).

09.03.2021
Jan Tibor Lelley

High Employment Protection for Data Protection Officers is GDPR-Compliant.

High Employment Protection for Data Protection Officers is GDPR-Compliant. Dismissal of the internal data protection officer is only permissible for good cause.

Sozialplanabfindung: Wie die Faktoren Alter und Arbeitsmarkt sich auf Abfindungen auswirken.

Compensation under a social plan. How age and labor market factors affect compensations.

14.05.2020
Jan Tibor Lelley