Last Thursday, the Düsseldorf Regional Labor Court overturned two dismissals that Tuifly issued in spring 2022. One of the decisive factors was that the airline carried out the processes differently than originally coordinated with the staff representatives.
In the course of the corona pandemic, the holiday airline parted with some employees, especially pilots. The background is also that the fleet has been halved and fewer flying personnel are therefore required. Many of those affected have taken their "blue letters" to court. A procedure involving two employees was heard in the second instance in Düsseldorf last Thursday.
The court found that the employer made a mistake that made the dismissals invalid. Although the board as a whole was involved – as required by law – the termination process was carried out differently from what had been agreed with the works council. This faux pas flew around Tuifly's ears in court, because the Düsseldorf Regional Labor Court declared the termination of the employment relationship to be invalid. An ordinary appeal to the Federal Labor Court was not permitted, so that the employer suffered a severe legal defeat.
Tuifly has lost in numerous comparable cases in recent months, but in the first instance. The airline appealed in each case. The case in question has already been negotiated in the second instance and is only applicable to the two plaintiffs. It remains to be seen how the Düsseldorf Higher Labor Court will decide in ten further cases. Lawsuits by Tuifly employees against their dismissals are also pending at other labor courts.
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