In December 2013, while working as a lawyer in our law firm, Dr Jannis Kamann also successfully concluded the studies for his doctoral degree in labor law at Cologne University. The doctorate with the title “The omission in bad faith of an acquisition in the employer’s default of acceptance” was supervised by Prof. Dr. Dres. h.c. Ulrich Preis, Managing Director of the Institute for German and European Labor and Social Law of Cologne University.
During his doctorate Dr. Kamann dedicated himself to the risk of default of acceptance of the parties to an employment contract. Should a termination prove to be invalid, the employee has a claim to remuneration for default of acceptance without having worked for the employer. During a wrongful termination lawsuit, the employer’s so-called risk of remuneration for default of acceptance represents a powerful weapon for the employee. The risk connected to the payment of remuneration for default of acceptance can have a considerable significance as it is substantial for the amount of the compensation payment.
Dr. Kamann analyzes the provisions of the articles §§ 615 S. 2 of the German Civil Code (BGB) and § 11 of the German Protection Against Dismissal Act (KSchG). The calculation rules contain certain legal pitfalls, of which both the employer as well as the employee needs to be aware in order to fully assess the risks of a wrongful termination lawsuit.
Our most sincere congratulations to Dr. Kamann on his doctorate degree.