45 Spring 2023 German Civil Code (Bürgerliches Gesetzbuch - BGB) does not generally change as a result of the employee having been the subject of private investigations carried out in order to clarify the possible facts of the termination. Therefore, the court did not discuss the question of whether, and to what extent, Ms. Farah Maraqa had made antisemitic statements. The court only had to rule on the two legal questions (type of agreement and observance of notice period). III. Analysis of the Judgment The Labor Court's website states that “In the oral hearing, compliance with the notice period, the possible priority of a warning and the weighing of the plaintiff's freedom of expression and the programming principles of Deutsche Welle (were) discussed.” The latter were not mentioned in the judgment.5 Accordingly, Maraqa’s prior anti-Israel and antisemitic behavior was not discussed in the judgment. IV. Conclusions, Outlook As a result, Ms. Farah Maraqa won the dismissal protection proceedings. However, there was no discussion about the accusations of antisemitism. Since the Labor Court’s decision, Deutsche Welle has now opened an office in Jerusalem. “The aim is to expand reporting on Israel and the Palestinian territories,” said Director-General Peter Limbourg at the opening of the studio in Jerusalem on October 12, 2022. For this purpose, two permanent correspondents are now on site. The step had been planned for some time but had been moved forward in the course of dealing with the internal cases of antisemitism. According to the report, Director-General Limbourg stated that the content from the region should contribute to raising awareness about antisemitism and Jewish life.6 This incident has, at least, led Deutsche Welle to explicitly declare that they will “not tolerate any form of antisemitism, racism or discrimination such as sexism, both in its operational interaction and in its offerings.” In addition, a values document has been drawn up for the relationship with partners abroad ‒ i.e., broadcasters who include Deutsche Welle content in their programs ‒ which is derived, among other things, from the Basic Law and the UN Declaration of Human Rights.7 n Steffen Kaemper, LL.M., Lawyer and Notary Public, Kaemper & Maiwald, Guetersloh, Germany. 5. Sarah Dempke, Pressesprecherin des Arbeitsgerichts Bonn, “Arbeitsgericht Bonn: Außerordentliche Kündigung bei der Deutschen Welle” (Dec. 28, 2022, 9:33 AM), available at https://www.justiz.nrw/JM/Presse/presse_weitere/ PresseLArbGs/12_07_2022_/index.php 6. “Zwei feste Korrespondentinnen- Nach AntisemitismusFällen: Deutsche Welle eröffnet Büro in Jerusalem,” RedaktionsNetzwerk Deutschland (Dec. 28, 2022, 9:31 AM), available at https://www.rnd.de/medien/jerusalemdeutsche-welle-eroeffnet-nach-antisemitismus-faellenbuero-6EF6B3K3JDNDMMM5AQ37D2PHLY.html 7. “Nach Antisemitismusvorwürfen: Deutsche Welle schärft interne Abläufe,” RedaktionsNetzwerk Deutschland (Dec. 28, 2022, 9:29 AM), available at https://www.rnd.de/ medien/deutsche-welle-schaerft-interne-ablaeufe-nachantisemitismusvorwuerfen-6NLIORQ3IIVHLZXJLQBGKQDZL4.html
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