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Current articles:
Labor Law & Mediation

Article from 24th of November 2024

Doubts about incapacity for work? Requirements for medical diagnoses

Doktor mit Akten

If the employer successfully challenges the probative value of a medical certificate of incapacity for work during legal proceedings, it may be necessary, at the employee's request, to summon the treating physician as an expert witness. In such cases, the Labor Court Berlin (case ref. 22 Ca 8667/23) establishes standards for judicial decision-making regarding the presence of illness-related incapacity for work.

Article from 30th of August 2024

Bullying at the workplace: Is there an alternative to the lawsuit?

Folding-Zeichen

Bullying is a serious problem that not only places a heavy burden on those affected, but also damages the company (loss of productivity and motivation, costs due to increased absences, dissatisfaction in the team, employee turnover, loss of know-how etc.). Those affected often choose to pursue a so-called bullying lawsuit. An alternative resolution method could be mediation, which both the affected employee and the employer (as part of their duty of care) can suggest.

Article from 19th August 2024

Termination: receipt & proof verification by registered mail (Einwurf-Einschr.)

Image by Michal Dolnik

In dismissal protection proceedings, the question of when a letter of dismissal is deemed to have been received is often disputed. According to the decision of the Federal Labor Court of June 20, 2024 (case reference: 2 AZR 213/23), there is prima facie evidence that Deutsche Post AG employees deliver letters at the usual postal delivery times, which result from the working hours of the mail carrier. This prima facie evidence can be invalidated by presenting atypical circumstances.

Article from 17th of July 2024

Mediation: When is it preferable to litigation?

Image by Chris Liverani

Mediation is a procedure for sustainable conflict resolution that relies on cooperative dialogue to improve or restore communication and relationships between parties. In contrast, litigation aims to decide  a legal dispute by making a binding decision without addressing the underlying interpersonal conflict. Therefore, mediation is particularly suitable [...]

Janina Aue, Laywer & Mediator

Short professional profile:​​​

  • Lawyer in a labor law firm in Mainz (2015 - 2023)

  • Specialist lawyer for labor law (since 2019)

  • Law firm establishment in Kassel (2023)

  • Mediator (since 2023)​

Languages: German, English, Spanish​​​

info@janinaaue.com

+49 561-22077560

Königstor 23, 34117, Kassel

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