Validity of dismissal for cause: assessment of employee misconduct and burden of proof in revision proceedings

The German Federal Labor Court (BAG) dismissed the employer's revision, thereby upholding the Lower Saxony Regional Labor Court's decision that favored the employee and ordering the employer to bear the costs of the revision. The dispute concerned a termination for cause, specifically challenging the validity of the dismissal based on alleged misconduct. The decisive legal basis involved the assessment of whether the employer’s conduct met the requirements for a valid termination for cause under German labor law, with the higher court affirming that the lower court's finding in favor of the employee was correct, leaving the lower court's judgment in force.