Federal Labour Court ensures Clarity
With two decisions of 18 and 25 June 2021, the Higher Labour Court (LAG) of Hesse attracted a lot of attention in the area of the notification of mass dismissal, when it upgraded "optional" information listed therein to "mandatory" information - despite the deviating wording of the law.
The fact that these decisions attracted a lot of attention is already clear from the far-reaching significance of the provision in operational restructuring procedures. In addition to the high practical significance, the question arose whether it is legally tenable for a court to come to an interpretation contrary to the seemingly unambiguous wording of the law, which speaks of "should" in clear distinction to "must"?
The appeal against these decisions was a "must" - the BAG has now stopped this approach of the LAG Hessen.
kallan partner Dr Christian Bloth discusses the decision and its consequences in the current issue of Deutscher AnwaltSpiegel. Read the whole article (in German) free of charge in the online edition: