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Dismissal – Termination. Granting Leave After Dismissal With Immediate Effect

Federal Labor Court, decision dated February 10, 2015 – 9 AZR 455/13
Facts of the case
The employee was employed since more than 20 years. The employer terminated the employment with immediate effect and additionally gave statutory notice of termination under due respect of the applicable notice period in case the dismissal with immediate effect may be invalid. Furthermore the letter of termination said: “In case that only the statutory notice of termination is effective, you are released from your duty to work with immediate effect, taking into account all leave and overtime claims.” The parties reached a settlement ending the employment 5 weeks after notice was given. Although this period would have sufficed to grant the entire leave, the employee claimed compensation for the leave. The Federal Labor Court sided with the plaintiff.

 Article referred: http://legalknowledgeportal.com/2015/08/25/dismissal-termination-granting-leave-after-dismissal-with-immediate-effect/

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