Employer’s burden of proof for justifying disciplinary measures in labor disputes

The Federal Labor Court (BAG, 4th Senate) dismissed the employer's revision appeal, thereby affirming the Landesarbeitsgericht Düsseldorf's judgment of April 28, 2017, and ordering the employer to bear the costs of the appellate proceedings. The dispute concerned a labor law claim where the employee challenged the employer's conduct or obligations, leading to a favorable lower-court ruling for the employee that the employer sought to overturn on points of law. The BAG’s decision confirms the validity of the lower court’s assessment and its application of relevant labor law principles, resulting in the employer's liability or obligation remaining intact without modification by the supreme court.