A recent ruling by the Siegburg Labor Court (ArbG) expressly emphasizes that employees may not behave in an assaultive manner towards female colleagues at a company party, even in a relaxed atmosphere. In the specific case, an employee had slapped a female colleague on her bottom and held her against her will. The extraordinary dismissal has now been upheld by the Siegburg Labor Court (judgement v.
Pregnant employees must be granted a reasonable period of time in the event of an action for protection against dismissal. The European Court of Justice (ECJ) made a decision to this effect at the end of June following a referral from the Mainz Labor Court. According to the ECJ, the deadline of two weeks for the application for admission of a delayed action in the case of pregnancy is too short (judgment of 27.06.24, Case C-284/23). Now
The Federal Labor Court (BAG) has issued a landmark ruling on the unpaid leave of unvaccinated nursing staff as a result of the facility-based vaccination requirement. According to the ruling, employers were entitled to give their employees unpaid leave, as they were merely implementing the rules of the Infection Protection Act by granting leave. Employers were also allowed to reduce employees' vacation entitlement on a pro rata basis (judgment of 19 June 2024, case no. 5 AZR 167/23). The
Especially in the peak times of Corona, it could happen that some vacation days had to be spent in quarantine. Employees are not credited these vacation days in isolation, the Federal Labor Court (BAG) ruled in continuation of the case law of the European Court of Justice (ECJ) (judgment of 28.05.2024, ref. 9 AZR 76/22). Many employees are likely to have experienced the situation themselves during the pandemic:
