Labour Law

Once the basic trust relationship between employer and employee, or between employees and their superiors, gets disturbed, the communicative downward spiral into labour disputes sets in. The so called dismissal protection actions under German law usually end up with the cancellation of the employment situation anyhow, many of them involving considerable payments to the employee and almost always the relationship in the end is more upset than ever before. An ugly scenario and desirable to none, no matter from which perspective you look at it.

Even more precarious are harassment cases, or where an organisation's reputation, its trade secrets, or even the public interest appear at stake. The situation will then be heated up emotionally even more; on the other hand either party may face seriously painful damage claims. Such procedures with their charges and counter charges, perhaps to highest courts, can, will at best let emotions to cool off as a result of the time consumed. Meanwhile they tie up resources on both sides to a hardly justifiable extent. Money and employee hours are wasted which otherwise could be used productively. All the while relationships remain not only unrestored, but their remnants will be totally destroyed so that even years later scorched earth would be treaded –often with consequences with the remaining employees.

What is it that both sides really want? In real life most people over an extended period of time seldom only want prove they are right. In the situation which may lead to whistleblowing, employees and employer tend to share the interest in a mode of operation that is efficient and produces a value for society lawfully. This goal is unlikely to be met in legal battles. In contrast, mediation can support all parties to identify their common goals (if need be also their separate interests) and to reach them. Mediation of course rests on a certain measure of insight and good will on the parts of those involved. No one will be led to the illusion that requirements for mediation can always be met. Sometimes disputes have to be fought out in court. After every practical and more constructive means has been tried, a law suit should of course be carried through with all consequences in mind. The consultation here will be to this effect.