Termination hearing
December 24, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
In a termination hearing, I provided the wrong start date. Instead of 27.03.2003, I stated 01.01.2004.
Reason: The employee was employed at another subsidiary from 27.05.03 to 31.12.2004. This time is counted towards seniority. Since these are 2 different companies, there was no indication of the previous employment in the current employee file.
Does this make the termination invalid? Please provide a detailed answer. Thank you.
Best regards,
Joachim Heinenberg
Dear Mr. Heinenberg,
Thank you for your inquiry!
I would like to address your questions taking into consideration the situation you have described as follows:
Whether these incorrect details have an impact on the validity of the termination depends on the type of hearing involved. Since you have not provided specific information on this matter, in my opinion, there are two possible hearings: either a hearing with the Integration Office if the employee to be terminated has a severe disability status, or (which I believe is more likely) a hearing with the works council according to § 102 BetrVG to determine the validity of the termination.
For the termination to be valid, it would require that the correct date, especially with regard to length of service, would have resulted in a different decision by the works council or would have had a different outcome. I cannot make a definitive judgment on whether this is the case. The employer should discuss this issue with the works council again.
If the works council has concerns regarding length of service, a new hearing with the works council regarding the correct data, along with a new termination of the employee, may be necessary.
I would like to point out the following:
The legal advice I have provided is based solely on the information you have provided. My response is only a preliminary legal assessment of the situation and cannot replace a comprehensive review of the facts.
Adding or omitting relevant information could lead to a completely different legal assessment.
I hope this information has been helpful. Feel free to contact me via email.
Wishing you a pleasant Christmas!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774
