Labor law: Effectiveness of termination and employee dismissal protection against procedural and substantive deficiencies in dismissal justification

The Federal Labor Court (BAG) dismissed the defendant's revision, thereby upholding the lower court's judgment and leaving the plaintiff's claim successful. The dispute concerned a labor law matter, specifically a termination protection proceeding (Kündigungsschutzverfahren), where the employee challenged the lawfulness of their dismissal. The court’s decision rests on the application of German labor termination law, confirming that the employer failed to meet the strict legal requirements for a socially justified dismissal or procedural compliance, resulting in the dismissal being declared ineffective and the employment relationship continuing.