News & Stories
Berlin. On January 1, 2008, the new non-smoking regulation came into force in Germany. The new regulation prohibits smoking in hotels and restaurants, whereas the federal states implement the new law in different ways. The German Hotel and Restaurant Association is taking legal action against this statutory ban on smoking.
Mainz. Times in which job applicants have nerves before the interview are, with the introduction of the Equal Treatment Act one year ago, now well and truly over. The new Act has given rise to a whole range of new tricksters who turn up to interviews only later to issue claims for damages on their not being employed. AGG hop-pers are on the move.
Duesseldorf. A shareholder of NewGen plc has instituted legal proceedings against two of the decisions taken at the extraordinary shareholders meeting on 28 February 2007.
Offenbach. In a recent judgement, the German Federal Labour has prevented a further abuse of the Protection from Unfair Dismissal Act. In a recently decided case, an employee had attempted to have a dismissal declared void by way of application to the court for equal treatment with a severely disabled employee.
Offenbach. A number of cases currently stand before the German Federal Labour Court concerning special protection from dismissal, for instance, for the disabled. Below is an outline of one of these decisions, one with far reaching implications for companies. More and more often employers are faced with the situation where employees, without being disabled at all, are making applications for recognition of disability. Employees hope this way to pressurise employers into making a settlement. This is now over.
Berlin. Fees levied by VG Media for cable television in hotel rooms were wrongfully charged. The High Court in Cologne gave judgement for the hotelier.
Offenbach. It's often the case that hotels make use of temporary agency workers only later to discover that these workers would make a good addition to their own team. But what about commission payable to the hire firm? In a move away from previous case law, the German Federal Court last December refused to strike out a commission clause in standard contract terms.