Conduct-based termination: procedural deficiency due to missing factual basis and reasoning in appellate judgment

The Federal Labor Court (Bundesarbeitsgericht) overturned the decision of the Lower Labor Court of Baden-Württemberg and remanded the case for new trial and determination, ruling in favor of the employer-appellant on procedural grounds. The dispute concerned the validity of a conduct-based termination of employment, but the appellate court’s judgment lacked the mandatory factual basis (Tatbestand) and reasoning (Entscheidungsgründe), rendering it legally deficient. The decisive legal basis was the requirement for a complete and reasoned judgment under procedural law, specifically the necessity to include the findings of fact and the legal justification for the decision to ensure proper review.