Creado 16/11/2011 7:28

Arbeitszeugnis II.

As a follow up to the topic „Arbeitszeugnis“ and coded language

http://www.trust7...._links/arbeitszeugnis

I would like to share a fresh ruling by the the Federal Employment Court (BAG).

An employee who worked with the defendant in the SAP Competence Center was concerned about the following expression:

...wir haben Herrn xy „als sehr interessierten und hochmotivierten Mitarbeiter kennen gelernt“,

i.e., “...we have come to know xy as an interested and highly motivated employee”.

The plaintiff argued that the term “ kennen gelernt” has a negative connotation in the employment world. In other words, the employer by using the term “kennen gelernt”, is really hinting at the opposite.

The lower courts as well as the BAG dismissed this view. According to them the expression is not be understood as a code to denote - in reality - disinterest and lack of motivation.

(BAG, 15. 11. 2011 – 9 AZR 386/10)