Employment law court cases

Important employment law court cases from Germany in “easy to read” format.

Germany :: Disabled employee dismissed on operational grounds

GERMANY Court: Federal Labour Court (Bundesarbeitsgericht) Date issued: 20th May 2019 Subject: Disabled employee dismissed on operational grounds Substance: The employee in this case was severely disabled and, even though they enjoyed special protection against dismissal both by statute and under the terms of the applicable collective agreements (CBAs), they were terminated by their employer on operational grounds …

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Germany :: Overtime pay for part-time employees

GERMANY Court: Federal Labour Court (Bundesarbeitsgericht – BAG) Date issued: 19th December 2018 Subject: Overtime pay for part-time employees Substance: The Federal Labour Court has reversed previous case law in finding that part-time employees are entitled to not only basic pay, but also to the (collectively agreed) overtime premiums for hours worked in excess of their individually agreed working hours …

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Germany :: Are differentiation clauses in collective agreements unconstitutional?

GERMANY Court: Federal Constitutional Court Date issued: 14th November 2018 Subject: Are differentiation clauses in collective agreements unconstitutional? Substance: Granting certain benefits (bridging and severance pay) to unionised employees does not violate non-unionised employees’ rights under the Basic Law [Articles 9(3) and 12(1) GG] …

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Germany :: Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. v Tetsuji Shimizu

GERMANY Case: Max-Planck-Gesellschaft zur Förderung der Wissenschaften e …

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