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The Federal Labor Court decided on Wednesday a year-long legal dispute
Photo:
Martin Schutt / picture alliance/dpa/dpa central image
The Federal Labor Court in Erfurt has rejected the revision of the German Theater in Göttingen.
The court ruled on Wednesday that it is not sufficient to give artistic workers reasons for not renewing their contract in informal discussions and no longer in the official hearing.
The court has thus finally confirmed the position of the actor Nikolaus Kühn - and supported the rights of artists.
Informal conversations are not enough
The background to this is a legal dispute that has already dragged on for several years and court proceedings.
In 2018, Kühn sued the house for the ineffective non-renewal of his NV stage contract.
After almost 14 years of employment at the Goettingen Theater, his contract should not be renewed - shortly before his tenure.
But in the official hearing, director Erich Sidler gave the actor no artistic reasons for this decision.
Sidler claims to have said in the conversation that the theater's view had already been presented.
He referred to informal discussions with Kühn in the weeks before.
However, NV stage contracts stipulate that the artistic director »hears« his employees, which is commonly understood to mean that he speaks to them and gives artistic reasons for not extending them.
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Complained against his non-renewal: Nikolaus Kühn
Photo: Iona Dutz / DER SPIEGEL
That is why Kühn successfully defended himself against his liquidation.
The Hamburg District Stage Arbitration Court, the Frankfurt Stage Arbitration Court, the Cologne Labor Court and the Cologne State Labor Court confirmed Kühn's position.
The only protection against an arbitrary, discriminatory or inappropriate non-renewal is compliance with the prescribed form, the latter judged.
This includes the director having to say the reasons to the person concerned.
It is not enough to refer to earlier, informal discussions.
Although the theater lost to the actor in four instances, it did not give up.
Before the Federal Labor Court, the legal dispute went to the highest possible level.
If the court had now approved the theatre, one of the last safeguards for artistic workers would have been lost.
The actor is pleased that the court finally decided in favor of Kühn.
"I feel like after a sustained marathon," said Kühn on Wednesday.
»With patience, perseverance and conviction you can change things, including the theater.«
maybe
