Satirical site concerning own employer is not a reason for dismissal

Publication date: 08/02/2011

15955 times read
 :: 10174 Votes  

Judgement of LAG München (Higher Labour Court Munich) of 26/08/2010, file number: 4 Sa 227/10

Provided that an employee creates a satire site based on the basic division of the former website of his employer and whose origin can only be identified by insiders, an extraordinary dismissal is not allowed. Even with remarkable audacity, lack of design imagination and lack of awareness of potential risks of defamation during the creation of the satire, this is principally protected by the freedom of expression. Although insiders may indicate the describing and supposed conditions as an offence against the employer, this does not carry any repercussion....

Category: Internet Law, Labour Law, Entscheidungen

Excessive private emailing justifies extraordinary dismissal

Publication date: 23/07/2010

25736 times read
 :: 10596 Votes  

Judgement of LAG Niedersachsen (Higher Labour Court Niedersachsen) of 31/05/2010, file number: 12 Sa 875/09

When an employee reads and writes private e-mails during the working hours and over a longer period – on several days even in such a time frame that it could suggest that no time is left for the job completion –, this excessive private emailing justifies an extraordinary dismissal without previous warning.

Category: Labour Law, Internet Law, Entscheidungen

Modernisation of the Patent Act goes into effect on October 1, 2009

Publication date: 30/09/2009

61184 times read
 :: 29747 Votes  

Press release of the BMJ (Federal Ministry of Justice) of 30/09/2009

The Patent Act should become easier and more modern for the employee’s invention through changes on the registration, on the system of appeal and on the procedure. We have already reported in May about the decision of the German Parliament due to the law draught to the simplification and modernisation of the Patent Law. The changes enter into force on October 1, 2009.

Category: Patent Law, Labour Law, Press Releases, Entscheidungen

Erased files on hard disk enough for dismissal on grounds of suspicion

Publication date: 20/07/2009

20567 times read
 :: 9754 Votes  

Judgement of LAG Rheinland-Pfalz (Higher Labour Court Rheinland-Pfalz) of 26/03/2009, file number: 2 Sa 776/08

Erased files on the hard disks of a private PC, which allegorise a hint of the realisation of criminal action, can justify a dismissal on grounds of suspicion. Besides, it does not depend on the shutoff of the criminal procedure or the remission of a penalty order. In this case, only the suspicion of the perpetration of a possible serious criminal offence comprises an extraordinary dismissal.

Category: Labour Law, Internet Law, Entscheidungen

Private e-mails at work

Publication date: 10/07/2009

17041 times read
 :: 10460 Votes  

Judgement LAG Köln (Higher Labour Court Cologne) of 15/12/2003, file number: 2 Sa 816/03

If there are no clear company rules about the private use of the firm computer, a dismissal regularly needs of the previous warning letter, even if during the working hours an important number of private e-mails are written.

Category: Internet Law, Economy + Labour & Taxes, Labour Law

Child-pornographic files cause removal from the office

Publication date: 29/06/2009

189458 times read
 :: 22171 Votes  

Judgement of VG Göttingen (Administrative Court Goettingen) of 12/05/2009, file number: 5 A 4/07

If a professor stores and loads images and video files with child-pornographic content on his official PC, this shows such a serious disciplinary offence that it leads to the removal from the office. The access to such files by a professor leads, from the point of view of an impartial and considerate third, to a final and entire loss of the respect as a teacher and model.

Category: Internet Law, Labour Law, Internet Penal Law, IT Law, Entscheidungen

Trade union advertising by e-mail

Publication date: 11/02/2009

24739 times read
 :: 16924 Votes  

Judgement of BAG (Labour Court) of 20/01/2009, file number: 1 AZR 515/08

A rate-responsible trade union is allowed to send advertisement and information to employees to their official e-mail address, even if the employer has prohibited its private use.

Category: Telecommunication law, Economy + Labour & Taxes, Labour Law, Internet Law, IT Law, Press Releases, Entscheidungen

Jactitation suit by unauthorised committed actions

Publication date: 11/02/2009

14353 times read
 :: 9407 Votes  

Judgement of BGH (Federal Supreme Court) of 18/12/2008, file number: IX ZR 124/08

The proceeding of the creditor for the removal of a contradiction of the debtor against the registration of a demand per se due to a deliberately committed tortious act is not bound to the observance of a claim limitation....

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