When an employee announces extraordinary writing, he can not later invoke the invalidity of the notice (BAG v. 12.03.2009, Az: 2 AZR 894/07). Such conduct is contrary breach of good faith.
The plaintiff had terminated his employment without notice. Later, the workers wanted to appeal to the fact that his dismissal was invalid, because no good cause had been submitted. An important reason, however, provided for termination without notice (§ 626 BGB).
The lawsuit was unsuccessful and before the BAG. If there is a lack of good cause for termination without notice, but the dismissal is indeed void. Only the employer can make the invalidity of the dismissal in court. The employer does not do this and he accepts the termination, the employee can, has even written notice, not rely on the employer to the invalidity of the dismissal, because otherwise in violation of the prohibition contradictory behavior. www.anwalt strieder.de- www.telefonrechtsrat.de
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