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A crash landing: mass redundancy notice – dismissal of an Air Berlin pilot deemed invalid due to an incorrect mass redundancy notice
Many will still recall the insolvency of Air Berlin, once Germany’s second-largest airline, during the peak holiday season in August 2017. Thanks to a bridging loan from the federal government, flight operations were initially able to continue, meaning holidaymakers did not face an (involuntary) extension of their stay at their holiday destination. At the end of November 2017, flight operations were then suspended, following which the airline dismissed all pilots and the rest of its staff. It is now clear that, according to the ruling of the Federal Labour Court (BAG) of 13 February 2020 (6 AZR 146/19), the dismissal of the pilot who brought the case was invalid due to an incorrect notification of collective redundancy. Once again, the complexity of the mass redundancy notice is evident, not least because the European legal context of Section 17 of the Protection Against Dismissal Act (KSchG) must also be taken into account. Errors here can have serious consequences, as a large number of redundancies may be affected.
Read the full article in the latest online edition of the Deutscher AnwaltSpiegel:
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