The court of appeal upheld a judgment of the Bonn district court, which had awarded a plaintiff damages. (AZ: 3 U 225/19)
The woman from Bavaria wanted to do in 2017 when their employer – a hospital’s claims of more than € 20,000 for leave, because of pregnancy and Parental leave had can take. This you had to be 30. September 2017 do in writing. On Friday, the 29. September, gave you the letter at the Post office and chose the shipping method “Express delivery with the addition of service-Saturday delivery”. Porto: 23,80 Euro.
the letter came too late – the employer is not paid –
The letter came, however, only on 4. October employer of the dismissed the claims of the woman’s back and not paid. The wife then brought an action against Deutsche Post AG.
The OLG-the Senate gave the plaintiff the right, as the Post had not fulfilled their part of the between the parties concluded contract of carriage. The reasoning of the Post, whereby the deliverer of the letter, on 30. September not have been able to deliver because the mail box of the clinic had not been labeled, let the judge do not apply. The carrier had a duty to the around-the-clock front gate to ask for directions.
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til/dpa