Validity of ordinary dismissal and assessment of social justification for termination

The Federal Labor Court dismissed the defendant's revision, thereby upholding the lower appellate court's judgment in favor of the plaintiff and ordering the defendant to bear the costs of the revision proceedings. The dispute concerned a labor law claim where the plaintiff sought recognition of specific employment rights, challenging the defendant's termination of the employment relationship. The decisive legal basis relied upon by the court included statutory provisions on the validity and permissibility of ordinary dismissals, specifically focusing on the assessment of social justification and the employer's duty of care in selecting which employee to dismiss, confirming that the defendant failed to meet the requisite legal standards for a lawful termination.