Court rulings

Our overview is a summary worth reading court decisions from the business and private sector that can help you assess your own situation.

Economy
Private investigators must monitor employees in the operation, while the council does not have to be asked.
BAG 1 ABR 26/90

Covert video surveillance in offices is allowed if loss is incurred, or thefts of goods available and the use of hidden cameras offers the possibility to identify the perpetrator.
BAG 5 AZ R 116/86

Test purchases ranging as evidence.
AG Kaiserslautern 5 CA 119/84

Decisions of the highest German courts
Use the following links to find more information.
Decisions / judgments of the Federal Supreme Court (BGH):
www.kanzlei.de

Decisions / judgments of the Federal Labour Court (BAG):
www.bundesarbeitsgericht.de

Labour Disputes
In particularly serious violations by the trust is disturbed by the employer to the employee, courts also accept an immediate dismissal without prior warning. The opinions of the courts of "particularly severe violations" ranging from stealing a piece of cake (Federal Labour Court 2 AZR 3/83) to work in a foreign operation in spite of a sick leave.
AG Munich 6 SA 96/82

An employer may allow an employee who has been in official matters bribe contract without notice, even though he may be dismissed by agreement for long-term employment only for "good cause." Does not matter whether the employer Duch, the act of his employees a prejudice occurred. There is a risk that the employee "no longer alone defending the interests of his company."
LAG Dusseldorf Az: 366 Sat 18/01

If a candidate's employer later provided false testimony, he must after a layoff even afford compensation. That court in Cologne ruled that the spent remuneration, including employer contributions to Social Security must be repaid. The employer must be able to rely on that employment references are true.
LAG Cologne judgment of 16.06.2000 Az 11 Sat 1511/99

An employee who behaves contrary convalescence during a medical attested disability commits an intentional breach of contract that the employer committed against him for damages. The compensation obligation extends to all expenses incurred by the employer to the extent that they are regarded by the circumstances of a case. Also the cost of hiring a private detective may include, if concrete suspicions have given rise to. The employer can not be pointed out that he can make the observation of the employee with their own employees and must. He may use this, people who are experienced (detectives) in investigative and surveillance activities.
LAG Rhineland-Palatinate 5 Sat 540/99 (lower court ArbG Koblenz 5 Ca 1265/98 N)

A worker who is ill and unable to work written works at home for private use (in this case, wallpapering and painting) may be terminated principle.
LAG Rhineland-Palatinate Sat 979/99

Employers may be monitored by a detective on sick employees and provide them with the costs into account when they have the disease actually faked in order to reach a sick pay. Requirement is a legitimate suspicion that the employee is faking his illness.
BAG Kassel 8 AZR 5/97

A construction during sick leave entitled to terminate. Who, on his new house performs construction and transportation works during his sick leave, rather than to cure himself, may be terminated in due time by his employer. An employee on sick leave shall be obliged to act in such a way that he is healthy again as soon as possible, he has to omit anything which might retard his recovery. The breach of this duty can justify the ordinary employer-termination, without requiring proof of an actual delay of the healing process, according to the circumstances of the individual case. The disease has faked the workers, then even the dismissal is permitted.
LAG Hamm 15 SA 437/91

Decisions of the highest German courts
Use the following links to find more information.
Decisions / judgments of the Federal Supreme Court (BGH):
www.kanzlei.de

Decisions / judgments of the Federal Labour Court (BAG):
www.bundesarbeitsgericht.de


Private

A betrayed husband can shorten the maintenance after the separation from his wife. With the attention to the other partners - during the marriage - at least one spouse is injured then the marital duty of loyalty massive when it has given no reason for this behavior to be spouse. Of a total exclusion of maintenance, the court looks off because the misconduct of the wife "only" lasted a few weeks.
Frankfurt Higher Regional Court 1 UF 181/00

Normally, the ex-partner is relieved of his obligation to pay maintenance as soon as the or the other after the separation enters into a new life community. Breaks the new relationship after a while also, the old maintenance claim does not live up again automatically. Reason: The maintenance receiver is temporarily meanwhile become economically independent.
OLG Schleswig 13 UF 109/97 150; 7/98

Who the duty of entertaining others is silent as divorced spouse's income, risking the loss of their claim. This was decided by the Supreme Court in Karlsruhe. The federal judge confirmed a decision of the Higher Regional Court of Schleswig-Holstein, which a divorced woman refused the claim for maintenance. The woman had hidden her divorced husband, that she deserved much more than 600, - DM net that had been granted to her in a comparison of divorce than Ineligible own income. According to the judge, the woman would have been obliged, even without being asked to inform the man of their higher income.
Az XII ZR 257/95

The Federal Court has held that an asserted by the debtor's entitlement to a time limit of Divorced maintenance can not be rejected solely with reference to the long duration of marriage. Although the law provides for the time limit of the maintenance obligation only as an exceptional case in particular for short, childless marriages, the time limit of maintenance always requires consideration of individual equity, which involves all the circumstances of the case. The result of this balancing can therefore lead to a limitation of post-marital maintenance even with more than 20 years of marriage. In the case decided the divorced wife was to provide neither too old nor too sick to work and had no more children. The lower court has now to examine the conditions for a maintenance limitation not only in terms of the long term marriage of over 20 years. In particular, the court itself must therefore also consider whether the woman has suffered "before handicaps" because they renounced for example, by raising children on their own career.
BGHR 2008, 7, Az XII ZR 11/05

Decisions of the highest German courts
Use the following links to find more information.
Decisions / judgments of the Federal Supreme Court (BGH):
www.kanzlei.de

Decisions / judgments of the Federal Labour Court (BAG):
www.bundesarbeitsgericht.de