Did Bulma Sleep Whit Goku

OLG Frankfurt: Age limit for notaries and notaries is not contrary to the Basic Law nor AGG

The statutory regulation of Bundesnotorordnung (BNotO), according to the Lawyers and Notaries of 70 years divorced from office by operation of law (§ § 47, BNotO 48 a) is lawful in the opinion of the Higher Regional Court of Frankfurt am Main.
The Court considers that violates the rules do not violate the Constitution or against European law. For it was not age discrimination, but serves the purpose, a higher age structure for the notary profession respected.
The court pointed to the action of a notary. The applicant had appealed against the fact that he had to give up on reaching the age of 70 years in office. He feels can still work 100 percent. Therefore, the scheme was discriminatory.
other hand, said the crucial Senate, the Constitutional Court had decided a long time that there would be at the notary profession, unlike a lawyer and a lawyer, a öffemtliches interest to an age limit, as the office of high responsibility for the legal interests of other was linked to significant value . (Federal Constitutional Court, Appeal ruling from 30 January 2008 1BvR 76/08). Moreover, Lawyers and notaries are still privileged, as their age limit would exceed the statutory retirement age.
It is irrelevant to the "individual frailty" the notary. Significant point is that involved with the age limit, the younger generations in the distribution of the offices were, and so a continuous supply of the population was guaranteed.
(OLG Frankfurt, Judgement of 07/10/2010, 2 Not/8/10).

What Does An Illinois State Id Look Like?

LAG Schleswig -Holstein: Employers must be informed of the request with Disabilities

employers have terminated employees with severe disabilities, without knowing of the severe disability or the application for recognition of a severe disability, the terminated vegetables severely disabled workers employers within three weeks after receiving the notice inform about this fact. Otherwise they lose their special protection against dismissal from § 85 SGB IX.


The facts:
The applicant has since 1988 worked as a machine called women to the defendant.

After the defendant had decided to build some points, they agreed with the works with a balance of interests to list for cancellations. Then, a dismissal of the applicant was intended. This had previously been accorded a degree of disability of 40, which in operation is not known and was not obvious. Still during the ongoing negotiations on the balance of interests they had submitted a new application to be a severely disabled. Here, too, she had not informed the defendant.

The applicant filed within the three-week period of § 4, sentence 1 KSchG dismissal action. Only on the date of application, the defendant learned - about four weeks after notice of dismissal - from the severe disability of the applicant. A short time later, the applicant was granted a degree of disability of 50. It has given its particular on employment protection and rely on error attributable to social selection.

had your claim, both before the Labour Court and before the LAG unsuccessful. The decision of the LAG is, however, pending the revision of the BAG (Reference: 2 AZR 463/10).

Decision:
The termination is effective and has terminated the employment relationship of the parties on time. It is lawful for operational reasons in accordance with the principles of social choice, after due consultation of the works council and collective redundancy notification pursuant to § 17 Consumer Protection Act.

the applicant can not invoke the special protection against dismissal as severely disabled according to § 85 SGB IX. Although the special protection against dismissal is severely disabled workers grds. even when the employer notice of dismissal was not aware of the severe disability. This requires that the employee but the employer after receipt of notice within a reasonable time of his severely handicapped status or the request for recognition of information as severely disabled.

shall be deemed appropriate in that regard in accordance with § 4, sentence 1 of the Consumer Protection Act a notice period of three weeks. Only then can an evaluation contradiction between action and notification period may be prevented. To leave the employee with a longer notice period, he would thus not help, since the termination after three weeks - would be considered effective - due observance of the limitation period. The three-week period must - also apply to an original application for a declaration of severe disability - again to avoid contradicting valuation.

In case of dispute, the defendant has learned only after three weeks of receipt of notice that an application exists for a finding of severe disability. It was too late. The applicant can not therefore rely on the special employment protection for disabled persons and related selection errors.

(LAG Schleswig-Holstein Judgement of 06/07/2010, 1 Sa 403 e/09)

What Continents Do Platypuses Live In

Court within three weeks after termination: automatic termination of employment on reaching the retirement age of employees is not necessarily discriminatory

Justice of the European Union
PRESS RELEASE No 103/10
Luxembourg, 12 October 2010
Public Information
Judgement in Case C-45/09:
Rosenbladt / Oellerking Gebäudereinigungsges. mbH

The automatic termination of employment on reaching the retirement age of employees is not necessarily discriminatory
results in Germany under the General Equal Treatment Act, that the terms under which an employment contract ends automatically when the worker reaches retirement age, the prohibition of discrimination can be withdrawn on grounds of age. Under German law it is allowed the social partners to introduce such clauses in collective agreements.
Rosenbladt woman was professionally for 39 years with activities Cleaning is concerned. Your employment ends, in accordance with the applicable collective agreement for the building cleaning industry at the end of the calendar month in which she is entitled to a retirement pension, latest by the end of the calendar month in which they turn 65 Years of age. As a woman Rosenbladt reached the retirement age of 65, she was informed by their employer that their employment relationship to end. Against this, Mrs Rosenbladt action before the Labour Court Hamburg, which has asked the Court for its ruling. It claims that the termination of their employment discrimination on grounds of age.
The national court asks essentially whether the automatic termination of employment at the legal retirement age against the 2000/78/EG1 in the Directive rules' ban on age discrimination violation. In today's ruling is
the Court first clarified that a clause to the employment relationship ends automatically when the worker reaches retirement age, one is immediately on the age-based discrimination. The Court then examined whether this difference in treatment can be regarded as justified.
is given by the Court ruled that such a clause is not mandatory in the entry is inserted into retirement, but that they have a kind and manner of termination of employment regardless, having reached the age of retirement has a notice to the content.
regard to the objective of the control target, the Court that the matter in question mechanism is based on a balance between political, economic, social, demographic and / or budgetary considerations and the decision depends, to extend the working lives of employees or On the contrary, provided their earlier retirement.
The Court pointed out that such provisions relating to the automatic termination of employment has long been part of the labor laws of many Member States and are widely common in the relations of working life. Since they give workers a certain stability of employment and long-term promise a predictable retirement, while delivering the employers some flexibility in their workforce planning, these clauses on the automatic termination of employment reflected a balance among conflicting, but legitimate
1 Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, p. 16).
www.curia.europa.eu
interests, into a complex context of relationships of working life and fits closely with policy decisions on retirement and employment. These objectives are generally considered to be those which can be a provided by the Member States appear unequal treatment because of age within the meaning of Directive 2000/78 as "objective and reasonable" and "in the context of national law" to justify.
to the Judgement of the Court states that it is therefore not unreasonable to assume if the authorities of a Member State or the social partners in this state that such clauses relating to the automatic termination of employment may be appropriate and necessary to this legitimate goals. The Court points out in that stop it in case of Ms Rosenbladt appropriate clause for a given not only to an age, but also takes into account the fact that the parties at the end of their career benefit to financial compensation by way of a retirement pension, and second, the employer is not entitled to unilaterally end the employment relationship. Moreover, opened the contractual basis, the opportunity to take advantage of this mechanism with considerable flexibility for use, so take into account the social partners, the overall situation of the labor market and the special characteristics of the jobs in can. The question German legislation also contains an additional restriction, since they employers are required to obtain the consent of employees to each clause or to have it confirmed, after ending the employment relationship automatically if the employee has reached an age at which it called pension can apply for, but this is under the normal retirement age. Finally, the Court stressed that under German law a person who wants to reach retirement age to continue an occupation, an occupation must not be denied for a reason related to their age.
The Court therefore concluded that Directive 2000/78 is a clause for automatic termination of employment on reaching the retirement age of employees, as provided in Germany under the collective agreement for the industrial workers in the cleaning, does not preclude.

NOTE: By way of a preliminary ruling may provide the courts of the Member States in a dispute brought before them, the Court questions of interpretation of Union law or the validity of an act of the Union. The Court does not decide the dispute itself. It is for the national court to rule on the case in accordance with the decision of the Court to decide. This Court's decision binds in the same way other national courts that are dealing with a similar problem.

Note: The full text of the Judgement can be found here .

How Much Money Did George Crum

European Human Rights Court: German church employee terminations because of "adultery" not necessarily lawful

TERMINATION OF CHURCH OFFICERS for adultery: COURTS HAVE BETWEEN BOTH PARTIES RIGHTS AND DUTIES BALANCING ACCOUNT

bicameral judgments in Cases: fruit against Germany (Beschwerde-Nr. 425/03) and Schüth v. Germany (Application no . 1620/03)

summary of the facts

Both cases involved the termination of employment by a religious employer because of an extramarital relationship of the employee. The Court dealt first with the dismissal of church employee because of actions attributable to the private lives.

Michael Obst is a German national, born in 1959, and lives in Neu-Anspach. He grew up a Mormon and married in 1980 in accordance with this belief. After a series of activities in the Mormon Church, he in 1986 became the area director of public relations for Europe. In early December 1993, he turned to ask for advice to its competent minister and confided to him that going downhill for years with his marriage and he an extramarital relationship with another Woman had, following the advice of the pastor, he finally spoke with his superiors on the matter. This few days later informed him about his dismissal. Mr. Fruit was later excommunicated in an internal disciplinary proceedings.

Mr. Fruit complained before the Labour Court in Frankfurt against his dismissal, the Court by order of January 1995 as invalid. That court upheld the decision Hessen first raised it to the Federal Labour Court, however, and remanded the case. According to the Federal Labour Court Lord had violated the fruit resulting from his employment duties. The court also referred on a policy decision by the Constitutional Court of 4 June 1985 Effectiveness of church staff layoffs due to injury of loyalty obligations. Religious employers would have the right to regulate labor relations independently, labor courts are, however, the religious and moral standards of the churches only to the extent that these are in inconsistent with the principles of law were in conflict. Demanded by the Mormon church obligation to marital fidelity is contrary to the law but not because of marriage in the German Basic Law also play a prominent role to come. The dismissal was for the church have been necessary to preserve its credibility, which had been given by Mr Obst responsibilities as area director of public relations for Europe in question. Moreover, the church was not required to issue a prior warning, as did Lord fruit in view of his long career working for the Church of the seriousness of his misconduct must be aware of. After the remand the Regional Labour Court dismissed the complaint from Mr Obst in January 1998.

was an appeal to the Federal Labour Court without success. In June 2002 the Federal Constitutional Court ruled, citing its landmark decision of 4 June 1985, not the constitutional complaint Mr. Obst's assume for a decision.

Schüth Bernhard is a German National, born in 1957, and lives in Essen. It was the mid-1980s, the Catholic parish of St. Lambertus in Essen hired as organist and choir director, as he separated from his wife in 1994. From 1995 on he lived with his new partner. After his children in kindergarten had said that Mr. Schüth be a father again, would the dean of the congregation led in July 1997 for an interview with him. A few days later, said the congregation his resignation, with effect from April 1998 because he violated the constitution of the Catholic Church for the church service as part of church work conditions. As he closed the outside of him Marriage to another woman lived, he was expecting a child, he had committed not only adultery, but also guilty of bigamy.

Mr. Schüth complained before the Labour Court against eating his dismissal, the Court by order of December 1997 as invalid. That court Dusseldorf upheld the decision at first, but the Federal Labor Court reversed the decision and remanded the case. According to the Federal Labour Court would have the country's labor court must consult the Dean of the municipality to determine whether he had tried in person, Mr. Schüth terminating his extramarital relationship to move. As with fruit, the court referred to the landmark ruling of the Constitutional Court, emphasizing that a demand by the Catholic Church is not required to conjugal fidelity of the law disagree. After

had referred back to the State Labor Court dismissed Mr Schüth off in February 2000. It found that maintaining the dean in the face of the Lord's determination Schüth, his new relationship, I can reasonably assume that a warning was unnecessary. The Court considers that the community does not have Mr. Schüth without losing all credibility deal further, as its activities in close connection with the church Mission had stood.

was an appeal to the Federal Labour Court without success. In July 2002 the Federal Constitutional Court ruled, citing its landmark decision of 4 June 1985, the Constitution does not appeal the decision to accept Mr Schüth.

complaint procedure and composition of the Court

Relying on Article 8 both complainants complained about the refusal of the German labor courts to set aside her dismissal.

The complaint Mr. Obst was on 2 January 2003, filed the complaint Mr Schüth on 11 January 2003 at the European Court of Human Rights. In the case of fruit was the Mormon church, in the case Schüth the Catholic Diocese of food from a third party a written statement.

Judgement was given by a Chamber of seven judges, which is composed as follows:

Peer Lorenzen (Denmark), President, Renate Jaeger (Germany), Rait Maruste (Estonia), Isabelle Berro-Lefèvre (Monaco), Mirjana Lazarova Trajkovska ("the former Yugoslav Republic of Macedonia"), Zdravka Kalaydjieva (Bulgaria), Ganna Yudkivska (Ukraine), judges, and Claudia Westerdiek, Section Chancellor.

decision of the Court

In both cases, the Court was required to act on whether the German labor courts made a balance between the applicants' right to respect for his private and family life under Article 8 on the one hand, and the Convention rights of the Catholic Church and the Mormon church the other hand, the complainants had provided adequate protection against dismissal. The Court stressed that the autonomy of religious communities against undue government interference under Article 9 (freedom of religion) and Article 11 (freedom of association) was protected.

with his work for justice and a fuller review of their decisions have the Constitutional Court of Germany in principle positive Obligation of the state against plaintiffs in employment law disputes. In the two cases, the complainant had lodged a complaint before an employment tribunal which was empowered to decide on the effectiveness of its termination under state labor law in the light of the Church's labor law. In both cases, the Federal Labour Court had come to the conclusion that non of the Mormon Church and the Catholic Church called for the legal obligation of marital fidelity contrary.

The Court noted that the German labor courts in the case of fruit taken into account all relevant aspects of the case and a careful balancing of interests had made. They had found that the Mormon Church was added only be in a position to terminate Mr. fruits due to adultery, that he had informed the church about its own initiative. According to the German courts was his dismissal of a necessary action immediately to preserve the credibility of the Church, highlighted in particular in view of his position. Furthermore, the courts had been received as to why the church was not required to issue a prior warning, and they stressed that the damage to Mr. Fruit of the termination, among other things, given his relatively young age was limited.

The fact that the German courts had the interests of the Mormon Church after careful consideration given more weight than those of Mr. Obst, was not in conflict with the Convention. The Court found the conclusion of the German courts to understand that the Mormon Church had imposed on Mr. Fruit no unacceptable obligations. Since he was raised as a Mormon, he was complaining about was aware or should it be, should had the importance of marital fidelity to his employer and that his extramarital relationship is incompatible with the increased loyalty duties as Director of Public Relations for Europe was.

In contrast, perceived the Court in the case Schüth, it's that the country's labor court was limited to determine that he was organist and choir director, not in the group of people fell to their termination was in the case of serious misconduct, necessarily, such as those in pastoral and clerical occupations and in management positions, but that its activity was still so closely associated with the mission of the Catholic Church that they employ him could not further without losing all credibility. That court had not elaborated this argument, but seemed merely the opinion of the Church's employer to have played in this matter.

addition had the labor courts, the de facto family life Lord Schüth or protection is not even mentioned. The interests of the Church's employer had not therefore be weighed against Mr Schüth right to respect for his private and family life, but only against his interest to keep his job. A more thorough examination would be in balancing the competing rights and interests have been appropriate.



Although the Court recognized that Mr. Schüth, as he had signed his contract, made in relation to the Catholic Church was a loyalty obligation, which restricted his right to respect for private life, to some extent. His signing of the contract could not be understood as a clear promise to lead in case of separation or divorce abstemious life. The German labor courts had hardly taken into account that there had been no media coverage of his case and that, after 14 years of serving the community, the position of the Catholic Church had apparently not been challenged.

The fact that an employer terminated by a church employee had only limited opportunities to find a new job was, in the opinion of the Court is of particular importance. This was especially true if the dismissed employee had a specific skill that will enable him difficult or even impossible, to find a new job outside the church, as in the case of Mr Schüth, now pursued a part-time employment in a Protestant church. In this context, the Court noted that legislation would provide for the Evangelical Church for the employment of members of the Church that they could be employed only in exceptional cases and only in the context of additional employment.

The Court held that the balancing of the German labor courts between the rights of the church where Mr Schüth and employer had not been made in accordance with the Convention.

The Court reached a unanimous to the conclusion that the windfall was no violation of Article 8 was present and that if Schüth a violation of Article 8 was present.

Just satisfaction

The Court held that the question of the application of Article 41 (just satisfaction) in the case Schüth not yet ripe for a decision was and will be decided at a later date would be. The parties have an opportunity to get within three months following delivery of opinion on a related agreement.


(Press release from the Registrar of the ECHR of 09.23.2010)

5 Ring Inflatable Baby Walker

LAG Bremen: Termination for "Russian accent" justify damages - action it possible without a dismissal action

§ 2 paragraph 4 AGG, which solely for the dismissal Provisions for general and special protection against dismissal is valid, according to a compensation claim. § 15 para 2 of AGG of contract. workers must nevertheless not initially against the discriminatory termination claim before they can make a compensation claim under the AGG.

The facts:
The applicant, a German national who speaks with a Russian accent was an employee of the defendant carrier since 20.01.2009 as a clerk.

Even during the six month trial period the applicant, there was a conversation with the new manager of the defendant. This suggested that the customer the defendant because of the Russian accent would scare the applicant. The defendant can not afford to staff to deal with stress. The clients would think, "What a shit-load, in which only foreigners to be employed." Since that conversation

could no longer service the applicant on the phone. Two weeks after the interview, the defendant, the probation termination of employment with the applicant said.

By this action, the applicant asked for compensation under the AGG. They had been discriminated against because of their ethnic origin. The employment tribunal said its compensation in the amount of three gross monthly salaries. It against that of the defendant's appeal was unsuccessful. The LAG was, however, because of fundamental importance to the matter an appeal to the BAG.

The reasons: The applicant can
by the defendant for compensation according to § 15 paragraph 2 of AGG in the amount three times their monthly earnings call. The termination is not because of lack of language skills of the applicant will be, but for her - because of the accent audible - the source from the Russian-speaking world. This constitutes an impermissible discrimination based on ethnic origin.

The compensation is not in sec. § 2 para 4 AGG excluded. How is this exclusive arrangement is understood, is indeed controversial. Wording and purpose of the provision say but why only to review the effectiveness of a termination should be excluded under the AGG, but not the assertion of claims for breach of personal rights. Therefore, in cases of discriminatory dismissal without bringing an action for dismissal, compensation in accordance with § 15 para 2 AGG required.

The Labour Court has fixed the amount of compensation is also right to three months' salary. be taken into account was that the comments of the manager offensive character had, and the applicant was thereby reduced in a special way. Therefore, compensation was fixed, which was a sensible response to this discrimination. Because of the severity of discrimination against a compensation amounting to three months earnings was also not prevent the applicant does not challenge the trial period of one month notice could resist.
(LAG Bremen 29.06.2010, 1 Sat 29/10)

Note: To welcome
is that the LAG Bremen made it clear once again that the so-called "exclusivity arrangement" of the controversial and probably illegal europe § 2 para AGG 4 the assertion of claims does not preclude.
welcomed the "clear statement" of the court by which the discriminatory comments of the manager rightly be described as "insulting".
But why the applicant will either only 3 months' salary for pain claim did - then she may advise not good - or did, but granted the court by itself so little - then, in disregard of European law - is in each of the two alternatives angrily
because the EU policies that are implemented by the AGG require the Member States, it clearly for cases of discrimination "effective and dissuasive provide for penalties " - to that standard, the courts are bound
It would therefore in this case, an amount must be ejected, who does the defendant company really hurt -. from this requirement, only 3 months' salary can not be assumed - not understandable, therefore, remains why the LAG calls this yet even as a "sensible response".
is informed by the court of the dismissal to be void as declared unlawful, because that it does not matter whether the applicant was still in the probationary period and employment protection law for them was not provided the trial period no longer than 6 months and was the termination before which was:
terminations that violate legal prohibitions, namely gem. § 134 BGB void.
not be revealed, unfortunately, not whether the plaintiff in the case of job loss in addition to pain and suffering and its rightful claim to compensation for their material damage gem. § 15 para 1 AGG has argued:
If they should have actually lost their dArbeitsplatz result, this claim covers approximately the content of their result in the loss for at least 5 years, as statistically considered a labor contract in Germany on average lasts so long.
addition, the damage claim would of course all include other material costs of job loss, such as new application costs, interest, etc. MRP

Thinkness Of Licenses

BAG: Only with timely applications, a AGG-infringement are asserted

Compensation under the AGG because of discrimination in the appointment procedure is considered only if the application at the time of the recruitment decision already existed. This also applies when a vacancy, although it has already done, is still on the website of the employer. A late application, an employer must take into account also can not, if he has the vacant post does not appear to duty at an early stage of the employment agency.

The facts:
The severely disabled applicant has a degree in engineering from the Department of Electrical Engineering. He discovered at 29.12.2007 on the websites of the defendant to a vacancy, was with a "creative development engineer for digital electronics (m / w) looking for. That same day he applied for the position. He received a rejection because the defendant the place by mid-December with another candidate and just filled the vacancy is not taken from their websites had.
In his application, the plaintiff demanded compensation for the AGG because the defendant had discriminated against him by not adhering to the rules regarding promotion of the SGB IX. Had the defendant taken at an early stage with the Agency for work, he would have from this an indication of the vacancy shall be obtained from the defendant. He would then face the alleged occupation of the site can advertise and had been well set.
The complaint was not successful in all instances.

The reasons: The plaintiff may
of the defendants did not ask for compensation under § 15 para 2 AGG.

The applicant is due to its application for an advertised as being open to the body while "employees" and thus potentially become beneficiaries as defined in § 15 para 2 AGG.
Since the site but already before receipt of his application had been occupied, he has experienced as "employee" no disadvantage. The defendant did not - I promise not to fill the position for a certain time - for instance by giving a deadline.
Whether the plaintiff is entitled to damages for the futile from the outset for this job was not to decide, because such a claim had not been redressed.
(Federal Labour Court, decision of 8/19/2010, 8 AZR 370/09)

Is It Safe To Eat Old Dried Apricots

applicants only with comparable qualifications, a discrimination within the meaning of AGG and enforce

compensation or damages claims under the Equal Treatment Act for discrimination in the application process will only be considered if the application is similar to that of other applicants. This is determined in relation to that of your employer-developed requirements, if this general after the Traffic view seems plausible.

The facts:
The applicant is German of Turkish origin and a member of any Christian church. She has completed training as a travel agent and then gained experience in projects with people from immigrant backgrounds.

The defendant is part of the Protestant Church. He was looking for a temporary to eleven months Project site "training of multipliers / s in the vocational integration of adult migrants / en" a specialist

* with a degree in social science / social
* and experience in project work as well as competence in the project-specific issues,
* listened to a Christian church.

The applicant applied for the job and then received a call from an employee of the defendant, who pointed out that the entrance to the church was an essential prerequisite for the job. was set, a candidate of Indian descent who have a university degree have a "qualified social scientist" and their previous professional life was strongly focused on the issues of "socialization" and "migration", the applicant subsequently received a rejection.

With its application, the applicant requested compensation for direct and indirect discrimination based on religion Discrimination because of their ethnic origin. The Labour Court granted the application, the LAG, rejected it. It against that revision of the applicant was not a success.

The reasons: The applicant has
home against the defendant any compensation claim under § 15 AGG because of discrimination based on religion or ethnic. One immediate disadvantage because of a proscribed characteristic of AGG to be done in a similar situation. Is the person "employed" First applicant, this application must be comparable to that of the other applicants. This is assessed in the to / from the employer developed requirements, if this general after the Traffic view seems plausible.

is according to these principles before the dispute is no entitlement to compensation discrimination. It was not even necessary to determine whether the applicant has been directly discriminated against because of religion, or indirectly because of their ethnic origin. For in her application she was not in a "similar situation" to the candidate eventually selected by the defendant because the applicant other than these did not have a university degree.

be criticized for not that the defendant had made a relevant degree a prerequisite for employment. In a training project for multipliers in social work, it corresponds to the traffic view to require a college education. The defendant has in his recruitment decision not solved by this requirement.
(Federal Labour Court, decision of 8/19/2010, 8 AZR 466/09)

How Much Are Pre Paid Minutes

BAG: Search for "young" applicants obliged employers to pay compensation for injuries and

Principle (Peter Weiss): A vacancy principle contrary to the age discrimination prohibition when a "young" applicants a "young" candidate is being sought.

born in 1958, plaintiff is a qualified lawyer. He applied in 2007 to an ad delivered by the defendant's advertisement in a legal journal. The defendant was looking for their legal department "Initially limited to one year (n) young (s) involved (n) A jurist / qualified lawyers. The applicant received a rejection, without having been invited for an interview. Set was a 33-year lawyer. The applicant has asked the defendant for an unlawful discrimination because of his age, compensation in the amount of EUR 25,000.00 and damages amounting an annual salary.
The Labour Court has sentenced the defendant to pay a compensation of one month's salary, and dismissed the action for the rest. That court rejected the arguments of the plaintiff and the cross-appeal by the defendant. The Senate has confirmed the ruling of the Labour Court. The vacancy of the defendants violated § 11 of the General Equal Treatment Act (AGG), which prohibits that a unit in violation of the prohibition of discrimination § 7 AGG is announced. Thereafter, agencies and others. "Age-neutral" can compete, if not justify meaning. § 10 AGG is present for different treatment on grounds of age. The improper vacancy is an index that proves that the applicant was not hired because of his age. Since the defendant could not demonstrate that no breach been submitted to the prohibition of discrimination has a right to compensation, the plaintiff to. The amount fixed by the Regional Labor Court in revision is not legally objectionable manner. Since the applicant has not demonstrated and proved that he had been recruited at a non-discriminatory selection of the defendant, he is the alleged claim for damages equal to one year's salary (not to the Federal Labour Court, decision of 19 August 2010 -. 8 AZR 530/09 )
Source: Federal Labour Court Press Release No. 64/10

Bmw Install Front License Plate

anonymous application: The first hurdle is

No name, no photo, sex, age and marital status unknown - can be set so anyone? Yes, my number of large companies and will try it soon. A comment.

There are, after Conversations to get to know someone who has sent a job application with excellent products. This could be an excellent impression of Mr. or Ms. Anonymous get. And even though he is a Turk (are not all thugs and educational failure?) Or it has two small children (who ever has time for the demanding job?). Anonymous job applications, the my more and more economists and human resource people, could result in getting more qualified, dedicated people who would otherwise have failed at the first hurdle because they are called by their first names Ali, could still be pregnant, or were born before 1960 .

first of two ministries and companies, including such large as L'Oreal and Procter & Gamble do this week to test anonymous application process. The - especially in the economy - deterrent name of the small federal agency that has brought them to the good ideas that could easily lead to the wrong path: Of course, the Anti-Discrimination Office of the Federal a civil law contract, aiming to contribute to it that the equality of all citizens is guaranteed - regardless of gender, origin or belief. But their concern is getting stronger also one of the companies: workforce with a good mix of ages, genders, social and ethnic Origin are more successful and more flexible than very uniform. "Too white, too male, too German" a few years ago was a new head of the German company Siemens world. This was not a design for a civil rights manifesto, but the critical assessment of a manager who wants economic success. And Telekom, which recently launched a women's quota for its leadership decided floors, is probably little in the Federal Cross of Merit for community involvement, but much of their competitiveness. Maybe it needs to do no laws, but more good examples to get economic equality.

Source: The Times from 04/08/2010

Magnetic Levitation Project Using Pic

BAG-issue to the ECJ: discrimination, the charging systems of public service younger workers?

The BAG has referred to the ECJ the question to determine whether the targeted life-ages base salary of the BAT has violated the prohibition on age discrimination, whether such an age discrimination in TVöD continue and whether and how such an age discrimination by the collective agreement parties - if necessary could be removed - retroactively.

The case:
applicant, born in 1962, has since 2004 worked for a supreme federal authority (Federal Railway Office). On the employment relationship are powerful reference clause, the provisions of these amendments as well as BAT and replaced in their respective collective agreements shall apply.

The BAT has been replaced on 10.01.2005 in the tariff area of the union by the TVöD. This does not look like the bat no compensation for life stages of life anymore, but rather builds on the work, professional experience and the performance of the workforce. The system reached the old age stage however, has been fully taken into account in the reconciliation of public employees in the TVöD way of vested rights.

The applicant regarded the linkage of the bat at the age levels of undue discrimination younger workers, who - would continue in TVöD - because of the acquis-maintaining reconciliation. She asked therefore, the highest age level of their pay band based remuneration. Labour Court and dismissed the LAG directed to this lawsuit.

On appeal by the applicant was the BAG of the decision and asked the ECJ under Article 267 of the Treaty, the question for a preliminary ruling on how the conflict between the primary law guaranteed general principle of equality and also primarily legally guaranteed right of collective negotiation, collective bargaining, which also their collective bargaining includes to solve is.

The questions:

+ + + specifically, the BAG know

* whether the life-age-related basic salary BAT of the prohibition of age discrimination (now Article 21, Section 1 GRC) as given expression by Directive 2000/78/EC injured
* whether such an age discrimination continues TVöD
* and whether and how such an age discrimination by the collective bargaining parties could be eliminated if necessary, retrospectively.

Background:
In a further process of the state of Berlin, which took the bat until 31.3.2010 application, it was essentially just to claims from the period before the new tariff law. Also in this case, the BAG asked the ECJ for a preliminary ruling (BAG, decision of 20.05.2010 - 6 AZR 148/09 [A]).

The current preliminary ruling from the BAG are possibly related to a decision of the Constitutional Court of 02.25.2010 (Case No.: 1 BvR 230/09). Then had the BAG in a process with points of contact to the mass dismissal policy violates the right of the terminated employee to fair trial (Article 101 paragraph 1 sentence 2 GG), by a preliminary ruling to the ECJ according. Article 234 para 3 EC had apart

Motorbike Covers For Ducati

BAG: submission to the ECJ: right to information of rejected applicants to employers?

The BAG has referred to the ECJ the question to decide whether unsuccessful job applicants who wish to make a violation of the AGG claim can the employer request information on whether the other candidate / Has hired another candidate and is made on the basis of what criteria this setting. German law provides such a right to information not available. Perhaps it is clear from the anti-discrimination directives of the Community law.

The case:
1961, Russian-born applicant had unsuccessfully applied for an advertised by the defendants. The defendant had told her then not indicated whether they had hired another candidate to another candidate, and if so, which criteria for this decision have been decisive.

the applicant stated that they had fulfilled the requirements for the advertised position and was solely because of their gender, age and origin were not invited for an interview. Therefore, there is a violation of the AGG and the defendant must pay a reasonable compensation in money. Labour Court and LAG have dismissed the action. On appeal the appellant, the BAG to stay the proceedings and the ECJ the following question for a preliminary ruling:


The question: commands
"Does Community law, an applicant who demonstrates that he satisfies the conditions for an employer of the posts met, whose application has not been recognized, however, against the employer is entitled to ? Information to give, whether it has hired another candidate, and if so, is made on the basis of what criteria this setting


The reasons:
The Senate established the preliminary ruling from the fact that although the applicant on their gender, age and their origin was noted. They have failed to show any sufficient evidence, which can be a disadvantage because one in § 1 AGG suspect referred to ground and run gem. § 22 AGG to a burden of proof would be. Under national law, there was no claim of the plaintiff against the defendant on information on whether the post had been filled with a different candidate and if the basis of what Criteria.

On a final decision, however, prevented the Senate saw as the relevant anti-discrimination directives of Community law may be called for such a right to information. The interpretation of these guidelines is for the ECJ.

Martial Arts Braces Mouthpiece

Labour Court Siegburg: submission to the ECJ: Is the formation of age groups in social choice with Community law?

The Labour Court Siegburg has referred to the ECJ for a preliminary ruling the question whether the formation of age groups in social selection to ensure a balanced age structure with Article 6 of Directive 2000/78/EC is compatible. It keeps this in view of the "Age Concern" decision of the ECJ is doubtful, given that discrimination based on age thereafter only by social policy objectives and not by reasons that are subject only to the employers' interests, could be justified.

The case: The plaintiff is
since 2000 employed by the defendant as a machine operator. In the spring of 2000 decided the defendant, rather than be in a three-shift operation in the future only work in two-shift operation and to delete the previous weekend shifts. This accounted for many jobs.

The defendant agreed with the works with a balance of interests to list. The selection of terminating employees was based on a selection policy, which involved a point system and the formation of age groups for the preservation of the existing age structure. The job cuts should be followed in the various age groups each made proportional to the percentage of each age group in the total workforce.

The plaintiff was one of the employees to be made redundant. Without the age group training, however he would not have been affected by a cancellation. In his declaration against the dismissal action was the Labour Court from the decision and asked the ECJ the question to decide whether § 1, Paragraph 3, sentence 2 Consumer Protection Act, which under the settled law of the BAG, the formation of age groups for the preservation of the existing age structure in operating permits, with the Equal Treatment Directive is compatible.

The reasons for the order for reference:
It is questionable whether the formation of age groups to maintain the age structure of a gem. Article 6 of Directive 2000/78/EC is permissible exception to the prohibition of age discrimination.

The aim of preserving the age structure is a business and business-related purpose. In contrast, the ECJ has on 03.05.2009 (Rs. C-388/07 - "Age Concern"), that derogations from the principle of age discrimination only by social policy objectives such as can be legitimate employment policy, employment or training. These objectives differ according to the ECJ because of purely personal motives of the employer (Eg improvement of competitiveness) that they are in the public interest.

This chamber then has doubts that the aim of preserving the age structure can justify an age group training, since it serves primarily the interests of the employer.

For compatibility with European law, however, could speak, that point c) of the non-exhaustive list in Article 6 paragraph 1 sentence 2 of Directive 2000/78/EC only employers' interests into account by setting a maximum age for recruitment for declared admissible. Moreover, the ECJ in its ruling of 03.05.2009 example only to improve the competitiveness of the employer named as unlawful aim, while preserving the age structure should serve merely to remain competitive.

Link Notes:

The full text of the order is available here.
The "Age Concern" decision of the ECJ is here available

Bump On 18 Month Head

Labour Court Stuttgart: discrimination as "Ossi" no discrimination on grounds of ethnic origin under the AGG

A disadvantage is East German in the application process, according to the Labour Court of Stuttgart is no entitlement to compensation discrimination because of ethnic origin meaning dar. § 1 AGG Even if the designation as " Ossi meant to be "discriminatory or can be perceived, have East and West German no different ethnic origin.

The case:
The applicant is from the former DDR (East Berlin) and was moved before the turn into the Federal Republic. They had applied unsuccessfully to the defendant Stuttgart-based company to an offer. On the returned CV there was the handwritten notation "(-) Ossi".
The applicant saw this as an indication that they had been dismissed because of their origin from East Germany, and demanded compensation under § § 1, 15 AGG. The defendant, who employs several employees at its representation in the new states, took the view that East Germans did not constitute ethnic group in the sense of the AGG. Moreover, the authorities had not been canceled because of the origin of the applicant.
The action before the Labour Court had no success. The applicant can appeal against the verdict or appeal.

Tues e decision of the Labour Court of Stuttgart:
the applicant against the defendant is not entitled to compensation. § 1 AGG only prohibits discrimination on the grounds of race, ethnic origin, gender, religion or belief, disability, age or sexual identity. None of these grounds is satisfied. There is no particular disadvantage because of the ethnic origin of the applicant.

The common ethnic origin can be expressed in tradition, language, religion, clothing, or other similar food. Even if the term "ethnic group" would be understood in the sense that this population of persons are meant, which are connected by their origins, their history, their culture, their connection to a specific territory and a shared sense of solidarity, then the designation as "Ossi" the concept of ethnicity rather than the overall structure of these elements meet.

lies in the east German possibly before a common connection to the former East German territory. To further an ethnic group forming Features it is missing - especially as the GDR is little more than a generation, namely 40 years, has taken a different development of the Federal Republic. East Germans have therefore compared to West Germans do not own ethnic origin.

(Stuttgart Labour Court, Judgement of 04/15/2010, 17 Ca 8907/09 - see also press release from the Labour Court of Stuttgart on 15/04/2010

Easton Sv12 - Metal Barrel

New About Anti-Discrimination Law

A new overview of the anti-discrimination law interested parties can now access the Internet. Federal anti-discrimination agency has compiled important decisions of German and European courts, legal regulations and initiatives in a 24-page document.
Among the contents of the collection of judgments disadvantages for ethnic origin, sex, religion or belief, disability, age or sexual identity.

have questions regarding age discrimination, the courts busy over the past year increased, shares the federal agency in Berlin. It was established in August 2006 with the entry into force of the General Equal Treatment Act (AGG). The aim is to avoid when applying for a job or an apartment, but also in many other aspects of daily life or eliminate discrimination.

What Colour Tie Matches A Grey Shirt

BAG: New holiday law also applies to additional leave of severely disabled people

The new case law that workers also an allowance in lieu have if they were all over the leave year and over the vesting period beyond sick, applies not only to the statutory minimum leave, but also for the additional leave of severely disabled people. For over and above the statutory minimum holiday entitlement to leave the tariff agreement, however, parties may determine that compensation is ruled out.

The case:
The handicapped applicant has worked since 1971 in the field for the defendant. On the employment of the collective agreement for employees of the Federal Insurance Institute for Salaried Employees, was applicable, the one above the legal minimum holiday entitlement in excess leave envisaged.

The plaintiff was the beginning of September 2004 until the termination of the employment relationship on 09/30/2005 incapacitated for work because of a severe disc disease. In his application, he demanded compensation

- the statutory minimum leave,
- the severely disabled and leave
- the statutory rate on leave for the years 2004 and 2005.

After the defendant had accepted the conviction on appeal to settle the minimum holiday entitlement, the parties argued in the review only on the settlement of the severely disabled and the supplementary period of collective legal holiday.
The BAG was an action for compensation for the severely disabled supplementary period as opposed to an action for compensation in the statutory More holiday instead.

The reasons:
The plaintiff against the defendant is entitled to compensation for the supplementary period for the handicapped.
The new jurisdiction of the Senate (BAG, ruling of 03.24.2009 - 9 AZR 983/07), under which the four-week statutory minimum leave is at the termination of the employment relationship even financially compensated do if employees are off work sick until the end of the transfer period , applies to the severely disabled, according to additional leave.
shares entitlement to severe disability additional leave the legal fate of the minimum holiday entitlement.
However
is not entitled to compensation in the statutory holiday More.
The collective bargaining parties may stipulate that over and above the statutory minimum leave allowance in lieu of tariff is void if the leave entitlement because of the illness of the employee can not be met. Such legislation is available here. Claims for compensation in the statutory More holiday should go down to the apparent will of the parties to collective agreements at the end of the transmission tariff period.
(BAG decision of 23.3.2010, 9 AZR 128/09 - Source: BAG PM No 25 of 23.3.2010)

Backless Computer Chairs

BAG: refusal of local allowance for stepchildren in a registered partnership in the collective agreement is discriminatory

local allowance for stepchildren in a registered partnership:


The remuneration system of the bat child-related elements of pay were provided. Condition for entitlement to § 29 Sect was para 3 B BAT is entitled to child benefit. For these, acc. § 63 para 1 ITA also taken into account by the holder in his budget recorded children of his spouse. The registered partnership is, however, not marriage. So stand by the collective right of public employees, the children of their registered partner in their household recordings, no claim to the child-related component in the local supplement to. In that regard, however, favored equality unconstitutional § 29 Section B paragraph 3 BAT registered partners and was therefore in accordance. Article 3 paragraph 1 GG ineffective.

The applicant is employed as a teacher at the defendant the state. Since 3 June 2005, she founded a registered partnership. Live in the same household, the two natural children of the female partner of the applicant. With its application, the applicant of the child element of the local award coveted by € 167.56 gross per month for the period since its partnering.

Their action had in the lower courts before the sixth Senate of the Federal Labour Court of success. The child-related component in the local allowance was granted in terms of the education and care of children following financial burden for the budget recorded in children of the spouse because this recording was based on a family care and education money. Based on this, there were no objective reasons that justify failure to the child-related component in the local supplement for children recorded in the budget of the registered partner. Since its transfer to the collective agreement for the public sector in the country (TV-L) 1 November 2006, the applicant entitled to this pay component locking grandfathering allowance.




(Federal Labour Court, Judgement of 18 March 2010 - 6 AZR 156/09 - lower court: Saxon State Industrial Court, Judgement of 27 January 2009 - 7 SA 195/07 -

The Sixth Senate on the same day one after Australia sent in a registered partnership surviving employees of the Goethe-Institute a rate for the scheme to only married couples awarded to be paid overseas contract because even so far registered partners compared to married people are disadvantaged equal unconstitutional.

Federal Labour Court, Judgement of 18 March 2010 - 6 AZR 434/07 - lower court: Regional Labour Court of Munich, Judgement of 10 May 2007 - 2 Sat 1253/06 -)

Source: Federal Labour Court, Press Release No. 23/10

Womensores On Stomach

Do Khyi and other breeds - the right of the buyer

We have decided the outcome with respect to present our action against the breeder of our Do Khyi-male Acky

the public.

Why we do this?

Each purchaser of a dog should not give up if your pet is sick or so-called "deficiencies" has.

BUYER EVEN DOGS HAVE RIGHTS!

We want to encourage. Courage not all have to accept it as fate and fight for his rights.

A sales contract is usually written in favor of the breeder. The dog is indeed before the law, no extra item, but trials of a breeder are usually from the beginning to fail and cost a lot of money.

In our case, a process would have been connected with high litigation costs (reports, witnesses).

The District Court of Bad Homburg proposed two parties mediation . This kind of comparison is still new in this kind of processes.

The parties complied. In a long interview agreed to owners, breeders, their lawyers and the judge to compare.

We consider the outcome of the mediation for are clearly identified as "profit"!

http://www.tierzucht-hannover.de/proben/epilepsie/epilepsie.html

a "profit" for the rights of a dog owner and the possibility of moving some to http.: / / www.wq35jydmb.homepage.t-online.de/

The conditions were imposed by two sides met.

support We, like many other dog lovers
the Dortmund appeal and the objectives of Petwatch

We dissociate ourselves expressly from here once made the remarks of the Association Sponsors Tibet dogs (FCT), and of the made of Mrs Michelle Krebs at its Internet website Internet.

© Chris Walter and brooding

Can't Connect X Rocker Gaming Chair To Ps3

letter to Do Khyi Acky ......

... today its 4th would celebrate birthday!

A letter to the stars in our Acky, a do-Khyi males, whose reputation now stretches well over all oceans.

beloved little soul Acky,

today, 4 of your Birthday, you were allowed to do not live, we would like to express our endless thanks
-
Perhaps it was no coincidence that you've had just picked us. Indescribably wonderful hours, days and months have you brought us. Unforgettable moments! By your friendly, cheerful, mischievous way you have captured the hearts of all people around you in the storm. Your joy of boundless confidence in us, wonder about your loyalty and faithfulness to us. We are proud and touched that we love you and protect smell, what we have always done with pleasure and with every fiber of our hearts.

Thanks to your keen sense of people, we were able to gain the knowledge of who is sincere with us, trust whom we can speak of who we are sympathetic and we have a little can of your "resting in itself kind of" take over our everyday lives. When the disease broke out

You have not given up hope, trusting us. This trust we have seen as a responsibility to help you. Our entire life revolved only around you, day and night. You were tall and strong and yet we have seen you many times helpless and will-packed of epileptic seizures - we were always you at your side, like a sick child. You were our sunshine, but as much as we hoped, and also feared for you, nothing and no one could help you -

You know many friends who called and how well you took us in their arms and expressed sympathy, which apparently in us wanted to create comfort and confidence on your medications and setting. have made a kind of emotional support without knowledge our soul.
This support was, perhaps without ulterior motives (?), So far that we recommend for you in the trial stage drugs from this group for free and without prescription are concerned ...

It has a time account you need to care for, you needed us, 24 hours a day. And it needed the unconditional love, especially to the sick animal, you sick our little soul Acky, a chance for your life to give.

first it tore us to have the heart you lost. to see no more chance for you. So young and still full of energy, always ready to strike, despite your serious illness. ...
you a respectful fighter, a "bounceback" were!
you your "little" life have enjoyed to the full - it was very short but very intense - you had to a right!

When you're gone from us, we have held you in my arms, we promised you that may not be your life, your destiny "for free" was. It will change in the future for the fate of these diseases more!

meet on this path that you promise, we have learned many things.
We did not think that it is possible people who experience pain, after a friendly exterior, whose good faith, perhaps on purpose (?) To deceive.
It's almost certain we are "your" promise would already be much closer, we could not hide, but we like to the authorities, the Institute of Animal Breeding and Genetics, turned.
The full cause of your illness might have already known!
Despite this and other stones that are perhaps not disinterested (?) Were placed in the way, we have our goal never lost sight of ...


You know, it was also with stones of the "well-meaning" paved, but we managed to make a contribution to the advancement of the knowledge that you had against this disease, urgent action is needed.
It is also allows us to have the fund set up to , To support the study of the "study of idiopathic epilepsy in the Tibetan Mastiff (Do Khyi)" and further continued.

Acky Oh ... Sometimes I think you'd have your unclouded sense to people who have "unpleasant intentions" in the approach to recognize! However, we have
learned from you, in a typical Do Khyi - way of looking left over it and continue with the kind help of generous animal really prefer , dedicated people and sponsors to make a real difference.

No speeches, but use is requested!


Even today, after months without You is sadness in our hearts when we think of you. But you are for us an example of life - of not giving up - the confidence that our promise to you - not as with so many people just hollow words.
you, our "little bears," give us today to feel, be current, and the conviction to stand up for change.
We have learned through you, calmly and with pleasure, open, towards people.
We thank you from my heart!

neither an animal nor his man should be governed in future by the "hostage epilepsy!


© dokhyiacky