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LAG Hamburg: Agreed age limit of 65 years effective

A collective retirement age, the employment relationship "automatically" at the age of 65 Age ended, is effective. This is clear from both. § 14 para 1 sentence 2 No. 6 TzBfG .. as well as from § 10 AGG

The case:
The applicant was employed by the Hamburg High Bahn AG. On the employment relationship of the collective agreement of the Hamburg High Railways application, is governed by inter alia, that the working conditions at the age of 65 Life year end. The plaintiff requested the defendant to work on the 65th Beyond the age. He claimed that contrary to the collective age § 10 AGG.

The Labour Court upheld the action instead. On appeal the defendant raised the LAG to this decision and dismissed the action.

The reason:
The plaintiff against the defendant is not entitled to continued employment after age 65 Ans. The agreed age limit is in effect.

There is no diskrminierende ago, after the AGG unacceptable differentiation on grounds of age.
According to § 10 sentence 3 No. 5 AGG grds a different agreement. permitted, providing for the termination of employment without notice at a time when the employee can apply for a pension because of age. In general, a different treatment on grounds of age is admissible if it is objectively and reasonably justified by a legitimate aim. In addition, the means of achieving that aim must be appropriate and necessary.
§ 10 sentence 3 No. 5 AGG conformity with European law is a legal basis for contractual retirement age. These follow a regular labor market objectives, namely to promote the distribution of work between the generations and the reduction of unemployment. These objectives are in compliance with the rulings of the ECJ does not go beyond what is necessary to attain the objectives pursued. This is certainly the case if the wide margin of appreciation is taken into account, the Member States and social partners in the field of social and employment policy is available.
(LAG Hamburg, decision of 22/02/2011 AZ: 4 Sat 76/10)

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BAG: can Muslim workers claim to alcohol-free workplace have

Muslim employees may, under certain circumstances be entitled to refuse to work with alcoholic beverages, without them, this may be interpreted as a refusal to work.
may therefore be terminated them in such cases only because of persistent refusal to work if the employer can provide them as part of the operational organization to assign no other activity can do without getting into conflict with their religion. Employees must in such a case, of course, unsubstantiated statements, to see what activities they are prevented on religious grounds to consider that the employer the existence of "non-alcoholic" activity.


The case:
of his faith and practicing Muslim plaintiff was employed since 1994 in the department store of the defendant, and is initially in the car wash and later, according to employment as a shop assistance "in the beverage industry, which remained in the previous proceedings, whether there already had to deal with alcoholic beverages and would have had to deal.
2007 was transferred to the fresh produce department, but it turned out by a number of diseases, that the low temperatures were in the fresh produce area, the cause of his frequent absences. Thereupon, the defendant stated in again to work in the beverage department.

The plaintiff refused to make this arrangement episode, and relied on his faith, which prohibits him jeweden use of alcohol. After several unsuccessful calls, the defendant announced the employment relationship without notice and very tidy as a precaution on time.

made with the dismissal action brought by the plaintiff claims that his re-transfer is contrary to the beverage department against his fundamental right to freedom of religion under Article 4 of the Constitution. The Qur'an prohibits any use of alcohol.
The defendant had not demonstrated that they could not use him in an area where he could work without a religious conflict.
The plaintiff failed before the Labour Court, the LAG firmly placed the ineffectiveness of the extraordinary dismissal, but held the notice of dismissal is justified. The
aside the decision of the BAG and referred the case back to the LAG.


The reasons:
It could yet be a final decision on whether the refusal of the plaintiff to work in the beverage department, a notice

principle could justify such a refusal a worker's a worker to perform a task that is part of the contractual obligations, even justify a termination if it is done for religious reasons. The prerequisite for this is, however, that no obvious alternative employment opportunities are given.

workers have in such a case, the employers like to inform you what exactly the religious reasons, and explain what work they could not do for religious reasons.
If the possibility of contractual employment, which fell to the religious restrictions into account, should the employee about the employee such work would be assigned ..

stand by these principles in the dispute not yet clear whether the refusal to work to justify a dismissal of the plaintiff. The plaintiff had a "shop help" in the retail market grds. also expect the allocation of such work requiring the use of alcohol. His statements can not yet see clearly enough what activities it prohibits his religious beliefs. Accordingly, it can not yet conclusively determined whether the defendant has been able to transfer to the plaintiff other jobs.

(BAG 02.24.2011, 2 AZR 636/09)

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disabled applicants for jobs in public services when not invited to interview may smart money demand

If the cast of judges shall not advance a particular grade level has been set to mandatory, all severely disabled applicants are qualified for the judges office (= 2 Jur State Examination) gem. § 82 sentence 2, 3 SGB IX. be invited to interview. A violation of this requirement is a presumption fact within the meaning of § 22 AGG, namely to the effect that there is discrimination because of disability. Unless the employer / employer to rebut that presumption, he has to the severely disabled applicants according to the severely disabled candidate. § 15 AGG pay a angemessne compensation.

The case:
The applicant is treated as severely disabled people.
Both state law, they were divided by the total rating of "satisfactory" and applied in Baden-Wuerttemberg and Bavaria unsuccessfully as a setting in the higher judicial service Judge. Two countries, they invited the ground not to attend a personal interview, it met with their exam grades not the requirements.

The applicant then claimed compensation according to § 15 para 2 AGG. The employer, it had to invite because of their equality with severely disabled people to interview. Since he had not done it, acc. § 22 AGG at a disadvantage suspect because of the disability. Both claims for payment of compensation amounting to max. three months' salary (€ 12,000 each) were dismissed by the courts ..

The Federal Administrative Court annulled that decision and remanded the proceedings to determine the proper amount of a defendant by the countries to be paid compensation to the VGH VGH Mannheim and Munich.

Reason: :
The applicant has acc. § 15 para 2 AGG entitled to appropriate compensation, because they meet the statutory obligation for public sector employers / employer is required to § 82 sentence 2 and 3 SGB IX is not an interview is invited.

The invitation of disabled applicants for an interview is only gem. § 82 sentence 3 SGB IX expendable when they obviously lack professional competence. But this was not so:
The applicant had not disputed the qualifications for judicial office. On the exam grades were allowed to leave not the defendant employer. For exam grades are relevant only been established when a particular grade level both already before the recruitment process and binding in a job description for the vacant position (n). This was not for judges in Baden-Württemberg Bayern still in the case.

was why it unlawful not to invite the applicant to an interview, so that gem. § 22 AGG, the legal presumption is established that the applicant was discriminated against by denial of the statutory betterment. The defendants have not rebutted in the processes that presumption. Consequently, the applicant has
gem. § 15 para 2 AGG Schmerzensgelanspruch one, regardless of whether the applicant as a result of discrimination in terms of choice because of its notes had not been set.

The cases were referred back to the VGH and VGH Mannheim, Munich, since - logically, from their different point of view - no findings have taken for the level of compensation.

(Federal Administrative Court, decision of 03.03.2011, 5 C 15 and 16.10)

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Dr. iur. ex. and hundreds of pages of legal scholars who actually talk considers science?

Guttenberg thus has a show and does not remember the nonsense. The average citizen is absolutely clear that someone was dismantled for completely different reasons than those advanced. This is clear from the bunch of vultures, all of which have much less character but that his moral indignation at the complete absence of any moral practice after years of already mastered quite well.
Everyone knows how most doctorates are crafted and how little they are worth. This entire academic posturing with titles and citations is ridiculous anyway, when you see how many high school aristocrats and talk with titles Studded obvious humbug or their "scientific" certification information for pseudo-scientific Twaddle use as a political agenda - also in the natural sciences are not unpopular (see global warming, "alternative" energy, etc.).
Who are the page numbers of legal dissertations looks surprised any more about it, that politicians and bureaucrats are absolutely unable to make reasonable laws and regulations (or the business rules to build for a while leave altogether) and instead always a several hundred to a thousand Pages sive monster that has more exceptions than rules and principles as more special cases, created.

And at times be seen in action for the enrichment pseudoscientific Juristentum the rule of law is so we can once the decision of the European Court of Justice on different rates for men and women view, imposing a uniform insurance rates for men and women.
insurance is based on an existing assess risk and to secure a bonus system for all risk-takers the specific loss. This discrimination is necessary because different behaviors, circumstances, etc. Features include different risks. For example, women live on average longer than men, but men do not get cervical cancer, young drivers cause many car accidents than average ...
make sense to require insurance and punish risk-taking behavior and to keep the contributions economically viable must therefore be discriminated against. Although men can not help it, they die earlier, but women can even less, so men should wear their own risk of death itself, and not pooling with women. No one shall come to the objection that since birth, chronically ill will not be insured. This is, after all, not an insurance case, but a reliable insurance claims. For the welfare of charge, no insurance. I call indeed not even for fire insurance to insure my house while it is already burning.
insurers to information they already have, ignore it and treat policyholders equal, not equal. That would be more than you would take a physician to force a transplant for a junkie to take into consideration as well as for someone who no drugs. If after all humans.
The activists judges and politicians of the EU but know nothing about insurance or statistics, but know very well how to pack unrealistic nonsense on many pages so that some of it as law. Discrimination - for the intelligent people the basis of rational thought and action (which is good, what is bad, which is economically, which is uneconomic) - is it something bad grundweg that must be corrected with strong state control.

Another glorious victory over fascism of social reality.
I am sure that all involved in this nonsense lawyers, bureaucrats, politicians and above all, keep their academic degrees and titles, as we shall know where you stand.

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The multicultural society can not fail ...

... because it may fail something it must first exist in reality.
There are multi-ethnic societies. Its members are made up of descendants of immigrants from different regions of the world. In a sense, most, if not all nations are multi-ethnic because migration has always existed.
Perhaps it can even be multilingual societies, although the examples that we know (Canada, Switzerland ,...), suggest rather that the language groups live side by side in parallel and held together only by explicit federalism in connection with civilized Lokalseparatismus. Multicultural societies can

there not. Culture is precisely what separates a company from another. Cultural links, a large quantity of people on the local patriotism. The common perspective on the history, common values and mores (and probably language), will be combined in the Lower Saxony with the Bavarian and Berlin to the Rhineland-Palatinate.
multiculturalism is the blueprints for the not held together, the parallel societies.

But we hear what the as always brilliant Andrew Klavan explains:

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Volatile Notes IV: The moments

Summer 2002:

Sometimes, as life breaks upon us like a thunderbolt, mostly However, it drives like a slowly meandering river. In those stormy moments but to nest in which time and space strangely into one another, the traditional order for a short time out of joint unit, as can the enormous explosive force guess that is inherent in the moments.

It is banal, but nevertheless quite true that there are individual decisions which the world - constantly change and yet preserve - at least in that world, like to capture the man. And always would have all come to completely different. The ultimate causes of our decisions for us are usually not even understand, and we tend, therefore, out of pure self-protection, to rationalize them.

The outgoing of all the little steps dynamics is neither predict nor control. Man always wants everything orderly, logical and explicable, have reason he gives all things comprehensible structures from which follows its own logic, but only does so as often, because we just believe that order.

with the "right" reasons are convincing to us easily, we need the predictability of everyday life to cope with our lives. But ultimately is not all a coincidence, product many independent factors? The structures in which we encountered, we can finally choose - but how we interpret our roles within these structures remains, it seems to leave us. Where: there is always the others, or to which we belong our actions that affect us and which were in turn influenced by others.

A colorful maze, the so-obscure is that we tend to misunderstand the meandering river as a paradise where they are but the flashes that we should focus our attention on the search for the secrets of life. And perhaps it is precisely that which can make our lives worth living, and any effort to lift it not only idle, but arrogant. But there would have to decide yes ...

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Hölderlin song

"So I came under the Germans"

In this country we live as strangers in their own
Home
His own language, as opposed proposes
us, we do not understand
yet understand what we say
; to speak our language
In this country we live as strangers

In this country we live as strangers in their own house

penetrates through the boarded-up window nothing
not how well that's when the wind is still raining outside
exaggerated message
the storm
In this country we live like
strangers in the house
burnout are the furnaces of the Revolution
former fire ash is on our lips
colder, more colds kältre decrease in us
has befallen us
such peace!
such peace Such peace
.

(Wolf Biermann)

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The Obama plan

Obama supported liberation movements in the Islamic world as long as it is likely that radicals governing Islamists like the Muslim Brotherhood even if not, then at least in have a decisive impact of the new order. For the Iranians it was said there that it probably would not be helpful if one intervenes as an American president.
was similar to the defenders of the Constitution Honduras in 2009, its President Zelaya impeached after he attempted a prohibited by the Constitution re-election on a (possibly manipulated) Referrendum permit. Obama exerted pressure to help the Socialists Zelaya back into office. (The process is in Germany's media often described as a military coup, although the military runs only the constitutional statements of the Parliament and Supreme Court)
upgraded Moreover, the current U.S. president unilateral nuclear disarmament, both in startegischen and tactical warheads and the missile shield. He waived the bargain in the new START treaty on long-term modernization of the nuclear arsenal of the United States, while modernizing the Russians both expand. (Detailed analysis at the Heritage Foundation )
The Obama Administration, the debt of the United States has doubled in almost record time, which now reached the debt ceiling, while the federal budget is bloated powerful. Now we speak of the freeze of households (on the new, high level, of course).
The "Health Reform", under the U.S. Constitution of course is not permitted to be sold under the Commerce Clause, ie, as rules of trade between the states. An absurd idea, even for a Democrat (which is politically motivated activist judges not necessarily prevent this, they will be declared unconstitutional).

One would think even a complete idiot would do much by accident times with the butt fall through the right door.
The precision with which Obama so obvious wrong decisions can take for me to only one conclusion. The man is neither stupid nor naive. He knows exactly what he does ...

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No more silly phrases!

"Never again war" is a popular slogan, especially in the generation, which the 2nd World War has not experienced himself. Sounds good at first. But there is a request, a statement or a prediction?
The Poles and the French and most other peoples of Europe woltlen 1939 never again war. Who wants war? I'm quite sure that Hitler did not want war. But as the Third Reich nunmal without war is not got what it wanted urgent than any war, it has taken him anyway. In the view of the Nazis had a war fewer disadvantages than its absence.
In the state of war can be added without having it out myself. The Poles did not want a war with dne Germans, the Americans no war with the Japanese, Byzantines, and no war with the Ottomans.
In the kindergarten logic of the Left there is always "two sides". That's really how it goes at the problem over. When someone is kicked into it delivered advise on the street without any intent in something into a coma, then there as well as two pages. The side of the perpetrator and the victim. The problem is not that there are two sides, but that we make ourselves stupid not to have to judge which side is the right one. Thus the phrase should
"we are the good guys suggest in a situation of ambivalence about two warring parties clever joke. In reality, it usually shows only a lack of discernment and clear thinking, from the first results this ambivalence.

Rarely before in history have so clear who the good guys and who are the bad guys today. Never before has there been so many, so detailed information about every conflict in the world. And never before have the people of the Western Hemisphere so with its assessment failed.

So we replace "No more war" by "the tyrant destroyed before they are too strong (if necessary by war)." This is the only option is best for mankind rauszuholen, because the enemies of freedom does not give a damn about gooders phrases and have already put in a state of war. If we do not want to fight, they've just won already.

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BAG: early retirement provisions in the collective agreement discriminatory against women may

a tariff system under which the allowance shall be paid soon the recipient of the service early retirement pension claim may discriminate against women and, therefore, acc. § 7 para 2 AGG invalid. Because as far as women already at 60 -, three years more than men - can take early retirement, they get less long transition money. The collective bargaining parties can overcome this disadvantage, however, by providing for the shorter duration of financial compensation.

The Case::
The applicant, born in 1946, retired in 2005 from her employment with the defendant. Under the applicable collective agreement on the employment relationship, they moved into after the end of the employment relationship for a year supply services ("transitional allowance").

ends after the collective bargaining arrangements the pension relative to the date on which you can take the recipients of the transitional allowance early retirement pension entitlement. Precisely this was the applicant in the year in 2006, when she namely its 60th Years of age.
By its action sought by the applicant, addressed as male pensioners to be, say, the allowance until the age of 63 Age to obtain. The Labour Court dismissed the action, instead gave her the LAG. On appeal the defendant raised the BAG on the decision of the LAG and referred the case back.

The reasons:
The BAG was that it might not even be a final decision on whether the Tarifegelung disadvantage women because of their sex and therefore acc. § 7 paragraph 2 of AGG was ineffective.
women and men are treated differently with regard to transitional allowance, for certain women born between gem. § 237a paragraph 1 SGB VI after the age of 60 Year of life, not just the age of 63 take early retirement.
establish true the collective agreement in respect to the statutory pension rights and can but - according to the BAG - not in itself justify the different treatment of men and women.
The collective bargaining parties could, however, requested to eliminate the discrimination of women affected by providing for the shorter duration of financial compensation.
Whether the tariff benefits are appropriate in this case, reduce the disadvantage of the shorter reference period, the LAG has not been tested. The matter was therefore referred back to the LAG can make up for this exam.
(BAG, decision of 15.02.2011, AZ: 9 AZR 584/09)

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withdrawal is legal robbery

If you stop taking donations from tax, it is not his own money but forces others to pay for their own purposes. The net income is not changed, but the taxes must be higher for everyone, because the donations as part of gross payments flow into other channels.
It is robbery, because the institutions and thus the threat of violence of the state for use, that others must pay.
As it was not for his own, but it is to the detriment of others who are not involved in the payment decision, it is not only not a selfless act but to donate immoral and then to put the donation of the tax payment.

have And I have not started from the problems raised by a fundraising system in which one instance without problems for front-ends of the Muslim Brotherhood or to support criminal actions of Ökofaschisten donation can, the "communal use purpose" is more than questionable .

The donation system in Germany is a typical left-gooder construct. Some feel good about it unduly harm others and the other the system can easily corrupt and vile abuse for the purpose.

Given the widespread practice of donations and the large number of profiteers both reasonable facilities as well as politically and criminally motivated organizations, this knowledge will be probably difficult to convey.
organizations and companies should generally pay no taxes and the tax rates, as government activity generally lower. Then the question of communal use and you do not can really see who is what worth something.

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Evan Sayet's Heritage Foundation speech in 2007

Left (Liberals) are analyzed in detail. The speech is also seen as the "unified field theory of liberalism":




A further issue is on the side of the Heritage Foundation .

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There will never be enough

The more advanced the technology and the higher the average income, the bloated budgets of the "welfare state". This may seem paradoxical at first glance, it is not.
The modern Western state redistribution is not as much money as is necessary, but as much as he can prevail politically. And in a country with higher average incomes it takes longer for the citizens revolted against high taxes, thus leaving more room for the corrupt politicians on the expenditure side.
The permanent crisis created by high taxes, massive regulation of all economic activity and demotivation of productive activity, is a means of control. The constant fear of social decline, long-term unemployment, etc. leading to a general agreement on precisely and loyalty to the institutions of the socialist state system, the only cause of this crisis. Furthermore, it creates a social layer of the continuing dependency, select a leftist political spectrum. Not because this is in the rational interest of the nation as whole or would improve the situation of that layer would, but because of the state-assigned class membership.
This is also the reason why the socialists all parties can ever driven before and grew toward the abyss of social demokratischn identitylessness. No one will attack the foundations of the redistributive state, if the sheer number of net receivers is just so enormous that they easily can decide elections, while the self-consciousness of this electorate so obvious even to a threat can be.
Individual responsibility, dignity and humanity are replaced by cold mechanisms of the bureaucracy. Have to thank the Office does not care if you get help. The Office sued, if one's legal "rights" does not look satisfied.

is often the "globalized world" cited as an additional factor for the failure of the redistributive state. I think this is nonsense. If it still parliaments, judges and bureaucratic institutions that determine whether benefit people who are not part of the nation, from the redistribution. It is obvious that any state would break no matter how rich and powerful, the burden of poverty on the globe. The generosity displayed by these institutions so that they will exacerbate the problem instead of permanent crisis to solve. Raises the redistributive state does not have the internal problems, he may not be a solution to the consequences of the mistakes of other nations.
This is not a problem of a closely networked world, but a stupid policy.

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advice to the youth:

"Run away from home and goes to the circus, let make you a tattoo, leaps onto a train. Planted a garden and hoard the seeds. Marry, have children, wear a hat. Learn how to deal with a bull whip. Do not lie cheat do not, do not steal Dedicated to you the task of bringing the different aspects of your self in line to Consider:.. that what is important, you can see almost never the quality of time you spend with someone who is. more important than quantity ... and there are a lot of things you can do with a wah-wah pedal and a microphone. " (Tom Waits )

Chocolate Jesus (1999)

Don't go to church on Sunday
Don't get on my knees to pray
Don't memorize the books of the Bible
I got my own special way
I know Jesus loves me
Maybe just a little bit more
I fall down on my knees every Sunday
At Zerelda Lee's candy store
Well it's got to be a chocolate Jesus
Make me feel good inside
Got to be a chocolate Jesus
Keep me satisfied
Well I don't want no Abba Zabba
Don't want no Almond Joy
There ain't nothing better
Suitable for this boy
Well it's the only thing
That can pick me up
Better than a cup of gold
See only a chocolate Jesus
Can satisfy my soul

When the weather gets rough
And it's whiskey in the shade
It's best to wrap your savior
Up in cellophane
He flows like the big muddy
But that's ok
Pour him over ice cream
For a nice parfait
Well it's got to be a chocolate Jesus
Good enough for me
Got to be a chocolate Jesus
Good enough for me
Well it's got to be a chocolate Jesus
Make me feel good inside
Got to be a chocolate Jesus
Keep me satisfied

und noch ein Klassiker zum Schluss:

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CPAC 2011

The Conservative Political Action Conference 2011 is over. Here are some highlights:


Ann Coulter, with slightly under attack voice, but its content, as always, extremely well:



Rand Paul, the better Paul asks if I am:



Donald Trump, perhaps not a true conservative, but not that bad. The primaries will probably not boring.

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women's quota rate Women

The 30% say it all. Although the proportion of women in the population of just over 50%, the proponents of the legal quota for women in leadership positions do not require 50% or more. Why just 30%? Why not 27.7% or 72.35169%?
The number is of course fictional. There is no "right" rate. And if there were, how should government bureaucrats and politicians know it?
fact is that for the small number of women in corporate leadership positions are a lot of reasons, which are reflected statistically. To name a few:
Pregnant women, women are other things besides the important career as men, women have different interests and choose other occupations than men ...


What are the implications of government intervention in the personnel issues? First
worse managers. One can assume that only a company itself knows what people can really use to which positions. This Etnscheidungen may have some errors, but it is impossible that a common, artificial rule reduces the number of errors from the outside, as the bureaucrats and politicians are unaware of the specific companies and different companies, different choices for their Staff have.
women who have something on the box and get right to the top are therefore also called into question. You must always ask whether they really are by power, where they are or whether they were carried only to fulfill the quota.

fairness in individual cases using produce a general rule is impossible, and a stupid idea in itself.

Given the absurdity of the project and the obvious incompetence of the government on such issues have to wonder. Or not.
I think what the socialists of all shades so forth causes widespread support for the possibility that private property and the decision-making authority provide owners of capital and business leaders in question.

to the related topic of 'equal pay for equal work, "Milton Friedman has already said it all ...

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creates Timeless Wisdom II

The national budget must be balanced. The public debt must be reduced. The arrogance of the authorities must be moderated and controlled. Payments to foreign governments must be reduced if the state does not want to go bankrupt.

- Marcus Tullius Cicero

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reform, revolution and Islam

Given the current political situation in the Arab world, it seems appropriate to once again to my - admittedly rather sketchy - thoughts on to note the connection between democracy and Islam and the chances of a democratization through intervention I anno already described in 2007 and has had at this point where changed in the meantime, very little.

A small addition was allowed me, however: On the fundamental problem of the double standards of Western democracies, demanding the values that they themselves in this region (due to more or less legitimate security concerns) can not be met are capable, has unfortunately changed little. Probably not because it lacks advisers who know to assess the potential of the region very different situations in the long term correctly, but the political will to integrate them in the political process. Unfortunately, this seems in the case of the Egyptian uprising to confirm once again as EU and U.S. reacted too slowly. The window, so Joshua Stacher is closed and the Egyptian regime is sitting firmly in the saddle .

Supplement II: The persistence and peacefulness of the Egyptian people has paid off and led to the resignation of the president. Whether However, the system itself is so versatile and ready as the protesters hope that is questionable, given the balance of power .

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preventive detention - imprisonment + instead of correct sentences

If a court can order that an offender after the expiration of his sentence will be further noted is that is nothing more than arbitrary.
Preventive detention is an absurd construct an absurd legal culture. On the one hand, no one is such a beast that you can lock away for him always, on the other hand, some offenders are so beastly and dangerous that they must lock away potentially forever. The German government is trying its ridiculous, gooder ROYAL Air Castle of low sentences even for notorious violent criminals and maximum sentences that defy their name from the harsh reality to protect. To make this obvious nonsense politically viable it is contradictory in itself and clearly developed against any violation of this constitutional principle auxiliary construction.
called the one in English, then "mugged by reality".

There would be a very simple solution. One could simply punish criminals according to their deeds. It must be so not eye for eye, tooth for tooth, literally ...

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timeless wisdom

Of all tyranny, a tyranny sincerely Exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral Busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated, but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. They may be more likely to go to Heaven yet at the same time likelier to make a Hell of earth. This very kindness stings with intolerable insult. To be "cured" against one's will and cured of states which we may not regard as disease is to be put on a level of those who have not yet reached the age of reason or those who never will; to be classed with infants, imbeciles, and domestic animals.

- C. S. Lewis

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Ein paar Fakten zum kürzlich erst verebbten "Dioxinskandal", der eigentlich keiner war, von Udo Pollmer (der auch zu anderen Themen in seinem youtube channel Vorträge hält)





This could have known, if at least some of the people in the mainstream media (dozens of television and more radio stations alone in the state's "basic service") is a minimum of integrity and professional pride would have.
But that was not natural. Facts are irrelevant, only the air sovereignty is one of the propaganda front. Who would use Ilse Aigner and her ministry for cases in which the government does more harm than (Food, Agriculture and Consumer Protection) know? This enabled the relevant news items in endurance conveniently produced images of absolute unimportant protagonists run, which worked with tremendous eagerness to work a problem that did not exist.
At the end there will be more bureaucracy, just as futile, for it is a bit more expensive.
will next time then "the State" - be responsible - and no one specific. After all, who once begins to rely on the government that is lost forever.
By the way: Would the culprit instead of fish eggs with their blended biodiesel waste, they would have met with some probability the already ludicrous limits.

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A ls the tyrant died
was proclaimed the grief.
And it came to the funeral many
:
The poet praised his gentleness.
The priest praised his kindness.
The judge spoke of his gentleness.
The General praised his cleverness.
The Thinker stressed its necessity.
The constable praised his patience.
Only the executioner was prevented.
He had to earn on this day
his bread.

( SAID )

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Westerwelle the symptom and the Egyptian "revolution"

Ever since the demonstrations and at times even riots in Egypt the media gets filtered and processed, I ask myself the same question I've already noticed in the revolt of the second row in the FDP:
What do the actually replace the existing?

Difficult to say who will prevail in Egypt. Presumably you have the choice between an infinitely long continued, temporary military dictatorship and the assumption by the well-organized Islamists from the Muslim Brotherhood. For the West, especially Israel, the former would be the better alternative, but some of the leadership of the Brotherhood have indicated how they intend to improve the situation of the Egyptians. War with Israel. Sure, why if you're not on it earlier come?
is a corrupt tyranny to be a start, unfortunately, nothing more. stood behind the uprising, at least initially, a lot of pent-up frustration over the failed model Mubarak, what is lacking is a clear philosophy that might be close dishes of this gene.

What brings me back to the FDP. Guido Westerwelle may be responsible for anything because the party that he "leads", stands for nothing. The Project 18 is not so threatening to the project to 4, because the FDP is the man to lead misrepresented. Westerwelle is one of the symptoms of a social democratic FDP, which wants nothing but better election results.
The 18% are symbolic in this Respect. If you have a clear political philosophy, an attempt is a majority of the voters of this convincing. What use is the thing good is within yourself But if only a few taxpayer-funded posts would have more, then you try to get more viewing minutes, rather than the few that one has to be filled with intelligent, coherent content.
are the rest of Liar Liar in the blue and yellow only better dressed and trained socialists, since, in principle, provide none of the established in Germany concepts really in question (pyramid scheme redistributive state, publicly subsidized decline of morality and family, gigantic government share, synchronized "universal service" in the media etc. etc.) they will get stuck with a much more sympathetic and better seller slogans.
And although the weakness of the so-called mainstream parties was a real opportunity to distinguish themselves.


Man, the situation of "liberals" well summarized by saying that Abraham Lincoln be ascribed
can some people fooled for all time and all people for some time, but you can not fool all people for all time.

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BAG: disregard of parental on steps duration of TVöD does not constitute discrimination

The failure to count parental leave on the steps of the TVöD term means either direct or indirect discrimination against women because of their sex. As the levels rise to honor the experience brought about by greater improvement in work performance and during parental leave no work experience is gained, is the TVöD onto an objective criterion that has no relation to discrimination based on sex.

The case:
The applicant has worked in the costume department of the defendant maintained by the Municipal Theatre and did tailoring. Following the birth of her second child she was, 28.4.2005 to 29.2.2008 on maternity leave. Meanwhile entered into force on 10.01.2005 in the TVöD force. The applicant was fairness in the charges grouped in group 5. At level-up caused the defendant to parental leave pursuant to § 17 para 3 TVöD ignored and compensated by the applicant after the stage 2 pay band.

coveted With its application, the applicant to establish that the defendant is under obligation to pay for the level 3 of the relevant pay band. At the same time she made the resulting differences (about 100 € gross month) claim for the period March 2008 to August 2008. The exclusion of the parental-years at the level up, constituted an unlawful discrimination because of sex dar. The complaint was not successful in all instances.

The grounds of the BAG:
The applicant is not entitled to compensation for the level 3 of the relevant pay band. The defendant has requested the assignment of the applicant's right to stage the period in which the applicant had claimed parental leave, leave not taken into account.
The rise in the next stage of a pay band is a forward in § 16 para 3 TVöD (MCA) in the individual fixed period of continuous activity in the same pay band. According to § 17 para 3 sentence 1 TVöD following are among the terms of protection under the Maternity Protection Act (Maternity Protection Act) of continuous work the same. Parental leave is however up to a period of five years, according to. § 17 para 3 sentence 2 TVöD but do not count on the steps of life, takes place at a longer period according to § 17 para 3 sentence 3 TVöD grds. downgraded by one level.

The order in the collective agreement provided for inhibition of the step duration up to a period of five years through the use of parental leave, is compatible with EU law and with the Basic Law.

out the failure to count the time parents in particular not to any direct or indirect discrimination against women because of their sex. Since the employment relationship is suspended during parental leave under suspension of the mutual primary, During this time no work experience is gained. The level-up system of pay to the TVöD but just reward the entrant with more experience improve the performance. The TVöD is so off on an objective criterion, which has no relation to discrimination based on sex.
(BAG, decision of 01.27.2011, 6 AZR 526/09)

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BAG: Discrimination against pregnant women in promotion: An presumption no strict rules are put

applying for a pregnant female employee to a higher position in the company and occupied the employer, the pregnancy is known, the place with a man, then the employee a gender discrimination prima facie evidence when it states, except in pregnancy more facts suggest a disadvantage because of their gender. At this next statement of fact, no strict requirements are placed.

The case: The plaintiff was
since April 2001 worked for the defendants, most recently as one of three department heads in the "International Marketing". Her boss was the Vice President. After his place had become vacant, decided the defendant, not to fill the position with one of the two male department heads from the field and with the applicant. This was when the decision pregnant, what did the defendant.

coveted With its application, the applicant to pay damages because she was with the promotion decision was discriminated against because of her sex:
The negative selection decision was made for her because of her pregnancy and subsequent motherhood. Even at the announcement of its failure to take account that the defendant on her family situation noted.

The Labour Court granted the application, the LAG, it dismissed the appeal by the defendant and affirmed the decision to repeal the decision and referred back by the BAG in the result.
The BAG had assumed that the applicant has presented facts that their gender discrimination under § 611a para 1 BGB (valid until 17.8.2006, then: AGG) suggest could. In his new ruling took the LAG after inquiry, that the other facts presented by the applicant no presumption of discrimination because of their sex could give rise to the promotion decision.
On appeal, the applicant raised the BAG's decision was on again, and dismissed the case for a new trial and decision of the LAG.

The grounds of the BAG:
It can not be a final decision on whether a discrimination is to suggest to the applicant because of her sex. In the present situation is a sex-discrimination prima facie evidence when in the circulation passed over a worker other than the pregnancy further facts claimed, the suspect can be a disadvantage because of their gender. At this next statement of fact, no strict requirements are placed.
according to these principles was the decision of the LAG annulled because the latter before the fact-finding and the denial of the presumption of discrimination against the applicant's right to have made mistakes.
(BAG, decision of 1/27/2011, 8 AZR 483/09)

Background:
Already by order of 07.22.2010 (ref. 8 AZR 1012/08) had the Senate on a gender discrimination in a to decide promotion decision, and in this The case of Berlin-Brandenburg, the applicant had, in particular therefore awarded compensation because women were underrepresented in the boardroom of the company.

The BAG also repealed the decision and explained this as follows: From statistics could Although grds. Evidence of a gender discrimination made. Just the fact that in the upper levels of the hierarchy of the employer of women was significantly lower than in the entire company, is still no indication of a gender discrimination against women in promotion decisions

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BAG: disabled - but not severely disabled - Applicants may not refer to the SGB IX, but certainly on the AGG appointed

Who Disabled but not severely disabled or severely disabled People can be treated, in order to block a claim of disability discrimination only on the AGG. An (appropriate) use of the safeguard provisions in Book IX is carried out with the AGG since the implementation of the Framework Directive 2000/78/EC into German law no longer under consideration.

The Case::
The applicant has completed training to include a health clerk. At her request, the Supply Office finds in her a degree of disability (degree of handicap) of 40. Your application to be treated as severely disabled people had not been met.

The applicant applied to the defendant for a job as a secretary the chief consultant and pointed out explicitly in the present with her degree of handicap of 40. The defendant occupied the position taken with another candidate, but for the provisions in Book IX for the protection of disabled people, or invite the applicant to an interview to have.

With its application, the applicant requested compensation for discrimination as disabled. Although it is neither difficult nor hindered had been identified as suffering from severely disabled people with equality, the latter had been promised her but in case of need. The defendant was suitable for the job several times violated the SGB IX, which trigger the presumption that the refusal to pay its Disability played a role. This presumption that the defendant had to be overturned.

The complaint was not successful in all instances.

The grounds of the BAG:
the applicant against the defendant has no right to compensation. The defendant had the applicant not be treated in accordance with the rules in Book IX, as the applicant does not fall under the scope of the law. The SGB IX applies only to severely disabled people with a degree of handicap of 50 or at least treated as such by a formal man.

However, since August 2006 are all disabled people under the protection of the AGG. The applicant has, however, rely solely on the violation of rules in Book IX and not supported by facts that trigger the presumption of discrimination within the meaning of the AGG. After having reacted with the AGG under the Directive 2000/78/EC of the Council of 27/11/2000 in German law, is necessary in the meantime shall apply the rules in Book IX at people with severe disabilities are no longer considered.
(BAG, decision of 1/27/2011, 8 AZR 580/09)

Notes:
The ruling clearly indicates that those who obstruct, but is not severely disabled are not solely rely on the AGG has provided he or she is discriminated against because of disability sees, but also must rely and that - important! - Who does, this must make it clear against the employer and in a trial, citing the facts according AGG evidence. § 22 AGG must recite:
Who makes claims under the Equal Treatment Act claim, there must be that he or she happened to discrimination not prove, but he or she has to discriminate only credibly, that evidence put forward that the alleged discrimination appear likely.
If successful, this will reverse the burden of proof, namely, and about the defendant employer must now provide the full proof that he or she has not discriminated against .
As such evidence, even "presumption facts', and makes the law apply to statistics, as such, which indicated that the defendant companies - or in the industry or on the site - or no noticeable few disabled people employed are.
So: Take heart!
is also disabled - again, not only severely disabled! - Can sue - people now in the United Nations Disability Convention to the side, which means people with disabilities their right to participate - even just in working life.
Oh yes: disabled people can, of course, both rely on the SGB IX and on the AGG and proceed according to two laws against discriminatory employers!

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LAG Schleswig-Holstein: workers have also disability pension at the time entitled to vacation

The reference time of retirement because of disability does not prevent the emergence of leave. Therefore, there arises year after year, the statutory minimum holiday entitlement and the statutory additional leave for severely disabled people. The leave entitlement can not be forfeited at the end of the transmission period of § 7 para 3 BUrlG. The three-year limitation period begins not arise in each leave year, but only after termination of employment.

The facts:
The severely disabled claimant was employed in public service. Since 2004, he was unable to work sick. From November 2004 he was retroactively initially until 31.07.2009 granted a full pension for reduced earning capacity. He subsequently received a life pension and retired at the end of 31.03.2009 from the employment relationship.
adopted in the present case the plaintiff to his former employer on settlement of his leave for the years 2005 until his retirement in 2009 to complete. Specifically, he demanded payment for the non-statutory holiday in that time taken for the additional leave for the disabled and to some extent for the collective agreement holiday. The Labour Court dismissed the action, the LAG gave her place predominantly, however, was the revision to.

The reasons: The claimant was
for the period at issue, both the statutory holiday and the additional leave is too severely disabled. Only the claimed for 2009, was not above the law beyond additional tariff holiday. The results from § 26, para 2c TVöD, after which the duration of the tariff in the rest leave employment for each full calendar month less one-twelfth.

The right to statutory leave and additional leave has been created. Currently, the law does not provide that the annual leave will be reduced for the time of receiving a temporary disability pension can. As long as a corresponding control is absent, it remains with the unabridged right to leave.

In case of dispute the holiday entitlement is not forfeited. If the holiday - as here - just because of the temporary full disability can not be taken, the claim is not forfeited to 31.3. of the subsequent year. The claims of the plaintiff are not barred in whole or in part. The course of the three-year limitation period begins not in the particular leave year, resulting in the claims, but only after termination of employment.

This result may be quite politically suspect. These concerns can not resolve the case, so far is Rather, the legislature asked.

(LAG Schleswig-Holstein Judgement of 12/16/2010, 4 Sa 209/10)


The background: The LAG
Schleswig-Holstein has with the ruling on the current position in the labor courts highly contentious issue for the first time and refer to action for legislators. It has approved the revision to the BAG. There were already several parallelism of lawsuits from other state labor jurisdictions with different results and reasoning are pending.

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LAG Dusseldorf: After age staggered holiday entitlement of the prohibition of age discrimination

The differentiated by age leave entitlements in the collective agreement of the retail sector in the state of North Rhine-Westphalia violate the prohibition of age discrimination. This was decided by the Regional Labour Court of North Rhine-Westphalia. The now 24 year old

plaintiff in the underlying dispute is employed as a retail clerk at a retail chain. The employment relationship is governed by the collective bargaining agreement Retail North Rhine-Westphalia, after which the annual leave entitlement is graded on a 6-day week based on age as follows:
until the age of 20 Age of 30 days holiday
after the age of 20 Age of 32 vacation days
after the age of 23rd Age of 34 vacation days
after the age of 30 Age of 36 leave days

That court has such Dusseldorf The lower court recognized that the applicant is discriminated against by the scheme because of their age. The distinctive to the age rule is not justified under § 10 of the General Equal Treatment Act. There is a lack of a legitimate target for such unequal treatment found in the collective agreement or in the context of approval. This particularly applies to the argument put forward by the employer argument that the scheme is to combine family and career are encouraged.

That court has determined that the applicant, the states, for the agreed scheme, only 34 vacation days for violating the prohibition on age discrimination may take 36 vacation days per year. This approximation follows up against the existing tariff regulation from the principle of effective and efficient enforcement of EU law requirements. The revision is approved.
(LAG Dusseldorf, 8 Sat 1274/10, decision of 01.18.2011)