Topic Law

News & Stories

1 year after the Equal Treatment Act: 20 questions for the personnel boss
AGG hoppers are out there
24.8.2007

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.

Law suit against NewGen plc
18.5.2007

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.

Recent judgement on the abuse of Protection from Unfair Dismissal Act
Attempt to claim severely disabled status failed
18.5.2007

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.

Judgement on extra holiday entitlement for disabled workers
Pay attention to special agreements
11.5.2007

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.

Hotelier wins case against VG Media
20.4.2007

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.

What happens when a company employs temporary agency staff
Commission clauses now enforceable
30.3.2007

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.

E-Mails need a new "footing"
9.2.2007

Munich. As many companies are already aware: Since the beginning of the year, all business e-mails, faxes and postcards in Germany are to include the same information as that already laid down for business letters.

Dismissal of disabled employee is possible in case of working time fraud 
Procedural flaw is no defence
12.1.2007

Offenbach. The dismissal of disabled employees in Germany is a tricky subject which most employers try to avoid. A recent case, however, shows that these fears are unfounded where the disabled employee committed a breach of duty which in no way is related to his or her disability.
The Belgian city of Spa comes out on the losing side for the first time
Victory of the Wellness definition 
24.11.2006

Offenbach. The European Trade Mark Office in Alicante, Spain, has for the first time allowed an appeal against the Belgian city of Spa. With this, applicants were allowed to register their word-picture brand two weeks ago: Their brand name includes the word "Spa". The outcome of the case seems to tip the city of Spa's monopoly and clear the way for the hotels and the leisure industry in general to make use of the word.
Pregnancy and the Employment Contract: Employer always pays
Clear protection for expectant mothers 
3.11.2006

Offenbach
The employer always pays, even when the applicant knowingly denies at interview that she's pregnant and then later needs to take extensive parental leave. Impatient colleagues whose verbal outbursts are directed toward the expectant mother only make the situation worse. The law provides clear and comprehensive protection for expectant mothers. An impressive case from recent practice in Germany.
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