Module 121 min2474 wordsFree — no account
The employment reference: entitlement, form, truth and coded language
The module’s worked examples, then cases to attempt before revealing their solution · 1 section · 178 words · 2 min
Practical case
A dispute over the little word “stets”
The bookkeeper from the opening asked for a qualified reference and received it as a signed paper document. The final assessment states that she carried out her duties to full satisfaction. She wants “stets zur vollen Zufriedenheit” and also asks for an electronic version for her applications. Which grade does the reference currently express, who must prove the facts for the better grade in a dispute, and may the owner produce the electronic version?
Hint: First place the formula on the Federal Labour Court's scale, then ask who wants to depart from the middle level.
Show the solution
Under judgment 9 AZR 584/13, “zur vollen Zufriedenheit” corresponds to average performance, the grade satisfactory. The bookkeeper wants to move upwards, so she must put forward and prove the facts showing good performance; only then must the owner respond with facts to the contrary. The electronic version is permitted under s. 109(3) GewO because she expressly asks for it and thereby consents.
Answer: Satisfactory; the bookkeeper bears the burden of proof; electronic form is permitted with her consent
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