Federal Labor Court on termination without notice and default of acceptance wages


In its ruling of March 29, 2023 (Ref.: 5 AZR 255/22), the German Federal Labor Court issued a decision on the relationship between termination without notice and default pay. An employer is behaving contradictorily if it initially terminates the employment relationship without notice and invokes the unreasonableness of continued employment, but offers the employee continued employment in the subsequent proceedings for protection against dismissal "in order to avoid default of acceptance". [...]