Beweisverwertungsverbote im arbeitsgerichtlichen Verfahren

The book is dedicated to the handling of the labour court jurisdiction with a prohibition of the use of evidence based on an employer-side surveillance measure against the background of an examination of the amendments for the assessment of the admissibility of the surveillance measure by the DSGVO. In particular, the level of protection guaranteed by the DSGVO as well as the admissibility of clandestine employer-side surveillance measures are reviewed. On the basis of the substantive legal basis examined, the author analyses how case law deals with a ban on the exploitation of evidence in labour court proceedings - in particular whether the courts sufficiently observe the constitutional requirements. The study concludes with a dogmatic assessment of the existence of a ban on the exploitation of evidence, applying a standard developed by the author for weighing up the facts already decided.