Ruling on a complaint of six employees laid off by a subcontractor, the federal employment Court of Leipzig (Bundesarbeitsgericht - BAG), has abandoned the line followed during the last years. Consequently, a procedural error in the dismissal of one of the persons concerned by a collective redundancy, will no longer trigger an automatic cancellation of other ongoing dismissal procedures. (Ref 061131)
The BAG rejected, on November 9th, 2006, the complaint of six employees laid off by their employer as part of a collective redundancy. The employer, an automobile subcontractor in Rhineland-Palatinate, had laid off 55 employees (out of 500) following a sharp fall of orders. In case of a collective dismissal of employees with similar positions, the employer has to justify his choice according to social criteria (Sozialauswahl). To choose the employees involved, the employer has therefore establi
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