waiver unequal waiver - because of € 206.05 for BAG
A teaching at a comprehensive school teacher asked her class for the approval of a study trip to Berlin. In the application form signed by their approval for a mission they said printed form, the waiver of the payment of travel allowance, as this through the provided for the school budget were no longer covered.
Overall the applicant paid for the trip total of € 234.50 of which they only got € 28.45 refunded. The balance of € 206.05 calls for the teacher with the action.
The Labour Court dismissed the suit yet, because it was dispensed in the form of reimbursement. On appeal, the point was LAG Hamm (11 Sat 1852/10) the right teacher.
employees have with teachers in NRW Implementation of an approved school trip claim reimbursement of travel expenses to travel to the country's law. Thereafter, may be waived in writing to the refund. This is true but not when the fiduciary duty was breached.
This was done here, however, because the approval of the class trip to the so-called migrant policy of North Rhine-Westphalia Ministry of Education has been made conditional on the teacher before a written waiver of the payment of travel expenses. There are stopped class teachers and classroom teachers, the general service regulations for teachers in a special way to participate in the rides of their class, it is against the employer-side duty of care to give especially true when the class teachers and class teachers are faced with the alternative, either to the travel claims or let her class down.
revision was approved. Now, to be seen whether actually called for € 206.05, the Federal Labour Court.
0 comments:
Post a Comment