Reversal of labor claim dismissal on revision; procedural cost allocation to claimant

The Federal Labour Court (BAG) partially reversed the Lower Regional Labour Court's decision and dismissed the claimant's action entirely, resulting in the defendant's prevailing on the appeal and the claimant bearing the litigation costs. The dispute concerned a labor law matter where the claimant sought a remedy that was ultimately found unjustified, following a reversal of the first-instance judgment from the Neumünster Labour Court. The decisive legal basis rested on the BAG's substantive review of the legal standards applicable to the employment relationship, determining that the claimant's assertions did not meet the necessary legal criteria for a successful claim, thereby upholding the defendant's position against the sought-after relief.