The termination of pilots of the insolvent airline Air Berlin is ineffective according to a judgment of the Federal Labor Court due to a formal error.
The notice required by the job agency for mass layoffs was incorrect and was also submitted to the wrong job agency, judged the highest German labor judges in Erfurt on Thursday (6 AZR 146/19).
A pilot based in Düsseldorf had sued. The lower courts in North Rhine-Westphalia had dismissed his lawsuit against dismissal.
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At the time of the bankruptcy in August 2017, Air Berlin is said to have employed around 8,600 people, including around 3,500 flight attendants. Around 1200 pilots are also said to have been affected – but many switched to other airlines.
In the proceedings before the Federal Labor Court, it was not decided whether there had been an operational or partial transfer to other airlines.