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Judgment of the Federal Labor Court on 19 February 2015
Az: 8 AZR 1007/13
In its judgment of February 19, 2015, the Federal Labor Court in Erfurt has confirmed that employers can commission detectives to investigate work violations if there is a reasoned suspicion for unlawful illness.
Reimbursement of detective costs
Az: 8 AZR 1026/12With the decision of the Oberlandesgericht Hamm of January 9, 2015, Az. 6 WF 83/14, it was stipulated that in principle, detective costs are to be replaced by the opposing party as procedural costs in so far as these were triggered in preparation for a specific legal dispute. The reason for the decision was that the spouses, after their separation, disputed the existence of a maintenance claim. The husband demanded payment from the wife from the wife, but this was rejected by the Court of First Instance, since the husband violated the marital fidelity of his wife. The wife had commissioned a detective agency to prove to the husband a violation of the legitimate fiduciary duties. Thus, the detective costs were necessary for an appropriate law enforcement or legal defense against the asserted claim of the husband. The detectives wanted to be able to prove the husband's breach of the legitimate fiduciary duties. For this reason, detective costs, which are necessary to obtain evidence, are also procedural costs, which must then be reimbursed by the other party.
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