Validity of termination of employment contract; failure to substantiate grounds for dismissal

The Federal Labour Court reversed the appellate decision and ruled in favor of the employee, establishing that the employment contract had not been terminated by the employer's notice of December 24, 2009, and ordered the employer to bear the litigation costs except for those incurred due to the employee's procedural default. The dispute centered on the validity of a dismissal where the employer asserted a specific termination reason, which was challenged by the employee. The court's determination relied on the principles of German unfair dismissal law, specifically assessing whether the employer met the burden of proof to substantiate the claimed grounds for termination under the Protection Against Dismissal Act (KSchG).