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| ![]() BAG: Dismissal at request of works councilIt is possible for a works council to push through the dismissal of an employee, as demonstrated by a recent ruling of the Bundesarbeitsgericht (BAG), Germany's Federal Labour Court, from March 28, 2017 (Az.: 2 AZR 551/16).
By: GRP Rainer LLP The case before the BAG was unusual in that the works council had requested that the employer transfer or dismiss a long-time employee of the company. This was justified with reference to what were apparently huge tensions between the woman in question and her work colleagues. While works councils typically advocate for the concerns and interest of the workforce, it is also possible for them to request that an employee be dismissed. Having said that, this can only happen under certain limited circumstances, such as when an employee seriously disrupts internal peace within the workplace on multiple occasions as a result of illegal conduct or a gross violation of the principles set out in sec. 75 para. 1 of the Betriebsverfassungsgesetz (BetrVG) [Works Constitution Act], especially in relation to racist or xenophobic acts. If the relevant labour court grants the works council's request to transfer or dismiss the employee, the employer is then bound by this decision. If the employer nonetheless chooses not to follow the decision, it may have a financial penalty imposed against it. In the instant case, the works council had requested that the employee be transferred or dismissed. The employer did not initially comply with the request. Following a decision-making process initiated by the works council, the competent labour court called on the employer to dismiss the employee. The employer subsequently issued both exceptional notice and, as an alternative, ordinary notice of dismissal. The woman in question submitted an action for wrongful dismissal. However, she was only successful with respect to the exceptional notice of dismissal, with the Landesarbeitsgericht Düsseldorf (Regional Labour Court of Düsseldorf) A lot of workplace legal disputes arise in relation to dismissals. Lawyers who are experienced in the field of employment law can advise employers on matters pertaining to employment law. https://www.grprainer.com/ GRP Rainer LLP www.grprainer.com/ Contact Michael Rainer Lawyer, Managing Partner GRP Rainer LLP Gürzenich-Quartier Augustinerstraß 50667 Cologne Germany Phone: +49 221-27 22 75-0 info@grprainer.com www.grprainer.com/ End
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