The law surrounding dismissal from employment based on conduct is of significant importance in labor law practice. Almost no other aspect of labor law is more dependent on the specific circumstances of each case – and, by extension, on the judge’s legal assessment – than dismissal based on the perceived violation of the duties arising out of an employment relationship. Nevertheless, there are firm prerequisites for dismissal based on conduct as well as typical case scenarios.
With practical usefulness in mind, this volume summarizes the case law of Germany’s labor law courts with a view to typical case scenarios, both in terms of material facts and legal proceedings. In order to illuminate the scope and limits of dismissal based on conduct, typical circumstances leading to an ordinary and extraordinary dismissal are presented systematically from A–Z along with source references to legal scholarship and case decisions.