The Federal Labour Court recently confirmed earlier judgments denying compensation to a third party as a consequence of a strike. Through this latest decision, the court has strengthened its jurisdiction by denying compensation to third parties affected by unlawful strikes. In addition, the court has clarified that a strike becomes unlawful in total even if only a part of its goals violate the industrial peace obligation.
The Federal Labour Court recently denied compensation to a third party as a consequence of a strike. The court dismissed a complaint from four airlines against a strike which had been initiated by the trade union due to cancelled, delayed or redirected flights. The court clarified that in the case of an unlawful strike against an employer, the trade union can be held liable for damages caused. Further developments are anticipated.
The Minimum Wage Act lacks an answer to the question of whether it applies to foreign airline personnel who are not based in Germany. The wording suggests that crews are entitled to the German minimum wage when deboarding and boarding passengers, but the act does not apply in certain cases. The act remains open for interpretation and case law has yet to be established.