Validity of dismissal; burden of proof for procedural defects in termination

The Federal Labour Court (BAG) dismissed the plaintiff's revision, thereby upholding the decision of the Hessian Labour Court of Appeal which rejected the plaintiff's claims, leaving the prior instance judgments in force and ordering the plaintiff to bear the costs of the revision. The dispute concerned a challenge to the validity of a dismissal, specifically addressing the procedural and substantive requirements for an effective termination in German labour law. The court's ruling hinged on the application of key legal doctrines regarding the notice of termination and the burden of proof, determining that the plaintiff failed to demonstrate the legal defects necessary to render the dismissal ineffective, thus affirming the defendant's position in the litigation.