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Sweaty smell grounds for dismissal?
Posted on 29.03.2010 18:50
Sweaty smell grounds for dismissal?
To recap, dismissal protection under the special law called “Kündigunsschutzgesetz” comes into force when two main conditions are met:
1. The time of having been employed exceeds six months
2. Minimum of five employees or in case of employment after 31. of December 2003: 10 employees
Where these requirements are not met, the employer has broad latitude regarding his decision to dismiss an employee, circumscribed only by the principle of bad faith or gross arbitrariness.
In a case before the labour court in Cologne, an employer discharged his employee at the end of a probationary period citing smell of sweat and an unkempt appearance as reasons.
The employee went to court.
The labour court dismissed the action. Since the employee was still in his probationary period, thus outside the required six months, the employer was allowed to terminate the employment without having to adhere to the provisions of the Kündigunschutzgesetz. The legal benchmark for evaluating the termination was thus significantly limited in scope. The court denied both bad faith and gross arbitrariness.
(ArbG Köln, Urt. v. 25. 3. 2010 – 4 Ca 10458/09)
contact(at)kanzlei-jain.de
vakalat
Member since 21.11.2007
Posted on 30.03.2010 09:41
Re: Sweaty smell grounds for dismissal?
is advertising in form of posts allowed on Trust7?
sensitive007
Member since 15.06.2007
Posted on 30.03.2010 12:41
Re: Sweaty smell grounds for dismissal?
@sensitive007,
why not? dont you get something informative here?
its NOT an advert ONLY. we get lot of information from "vakalat" from time to time on some of very important issues here in germany.
take it or leave it, its free!
subir79
Member since 16.07.2007
Posted on 30.03.2010 21:12
Re: Sweaty smell grounds for dismissal?
Sensitive007,
Dont criticise unnecessarily or Do you want to become famous by doing so?
Vakalat is one of the best Contributors to Trust7.
truster
Member since 26.06.2008
Posted on 31.03.2010 09:45
Re: Sweaty smell grounds for dismissal?
@truster: I agree with you. Vakalat posted some useful laws. He was really helpful.
babashankar
Member since 06.12.2007
Posted on 01.04.2010 11:42
Re: Sweaty smell grounds for dismissal?
Well, I said what i felt after seeing this post.
The funny logic of becomming famous would have made sense if I had posted my email or other identifiable information.
If i would have wanted to spend my time in learning exceptional clauses of German law, i could find myself a book on that and would read that when i need it.
Nevertheless, it is absolutely fine for me if other people find this kind of information very useful for them, as I am not the moderator of the forum.
sensitive007
Member since 15.06.2007
Posted on 01.04.2010 11:48
Re: Sweaty smell grounds for dismissal?
hi,
I think if vakalat posts a summary instead of an elaborate legal text , that would make more sense to everyone..
rajendrak
Member since 23.06.2008
Posted on 02.04.2010 19:30
Re: Sweaty smell grounds for dismissal?
@Sensitive
As a silent user I ocasionally skim posts. I also find vakalat postings intresting and instructive. Though many of us have gained german einburgerung, we still live in our non-native country. Vakalat is a qualified lawyer and it does not hurt to get an ocasional dose of law. Sensitive has a point. vakalat could post anonymous. I definitely hope to steer clear of legal problems and touch wood I have not come across any bad employer. Only German landlords I find to be a breed of their own, so in this respect even contact detail is of beneficial value! One can never tell...
kurukshetra
Member since 01.10.2009