"Sachvortragsverwertungsverbote" in arbeitsgerichtlichen Urteilsverfahren?

The work focuses on factual knowledge gained in violation of personal rights or provisions of the DSGVO and the BDSG which a party introduces into the proceedings. If these remain undisputed, the labour courts are generally bound by them - no evidence may be taken of undisputed facts. Consequently, the BAG initially rejected the recognition of "prohibitions on the use of the factual evidence" for undisputed facts brought forward. The about-face occurred in 2013, when it openly affirmed the recognition of "prohibitions on the use of the factual evidence" for undisputed factual submissions. The resulting tension between conflicting fundamental rights, such as the right to a fair hearing or the right to a fair trial, is pointed out. An investigation of alternatives to dealing with illegally obtained lecture introduced into the proceedings follows. The work is rounded off by a presentation of the consequences for the actors involved in the proceedings.