was The case of mass redundancies prescribed by the Agency for working with errors and also the wrong Agency to have been delivered, stated the highest German labour court judges on Thursday in Erfurt (6 AZR 146/19). Plaintiff was a Pilot with the location Düsseldorf. The lower courts in North Rhine-Westphalia had dismissed his unfair dismissal claim.
At the time of the insolvency in August of 2017, Air Berlin is supposed to have about 8600 employees, including approximately 3,500 flight attendants. About 1200 pilots should also be have been affected – many have changed to other airlines. In the proceedings before the Federal labour court had not been decided whether there had been an operation, or part of a transition to other airlines.
notices of termination were the end of 2017
If the required display of mass lay-offs in the Cockpit of the staff of the insolvent company have given neither the right, nor the right work Agency informed. The cancellations were made due to the closure of the airline operation at the end of November 2017.
In the specific case of the dismissals at the Agency at the headquarters of the airline in Berlin – you would, in the opinion of the judges, but to Düsseldorf. According to the EU law, certain operating concept of the stations of Air Berlin holdings, be it said to the grounds. “The display would also be allowed to not information to the Cockpit-staff limit,” said the judge.
The Federal labour court had already busy in January with Air Berlin, the claims of flight attendants on severance payments. In four cases of dispute, the judge decided that the cabin crew of the erstwhile Airline is entitled to no payments of the liquidator as compensation for disadvantages (1AZR 149/19).
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