Opinion of the German Federal Labor Court

43 N.J.W. 141 (1990)

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Opinion of the German Federal Labor Court

Germany Federal Labor Court
43 N.J.W. 141 (1990)

Facts

A floral-shop worker (plaintiff) learned he had contracted AIDS and attempted suicide. After the attempt, the worker told his employer (the florist) (defendant) that the worker had AIDS and would be disabled from work for an unspecified time due to the suicide attempt. The florist terminated the worker. German law allowed the court to void a dismissal if the dismissal was socially unjust, but only if the employee’s term of employment had lasted at least six months. The worker had not been employed for six months at the time of termination. The worker sued, asserting he had been unfairly terminated based on his medical condition. The trial court upheld the termination, holding that the termination was not in bad faith. The worker appealed to the Germany Federal Labor Court.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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