HEUKING defends Paracelsus Klinik Henstedt-Ulzburg against preliminary injunction

HEUKING successfully represented Paracelsus Klinik Henstedt-Ulzburg in a wage dispute with physicians’ union Marburger Bund at Neumünster Labor Court. Dr. Arietta von Stechow, Salaried Partner at HEUKING’s Hamburg office, successfully fended off a preliminary injunction against the clinic.

Since June 16, 2024, some physicians employed at the clinic have been on an indefinite strike as part of a collective bargaining dispute seeking a fifteen percent pay increase. The Marburger Bund has now attempted to take legal action against the clinic at Neumünster Labor Court, alleging the unlawful use of a strikebreaker in preliminary injunction proceedings.

During the hearing at Neumünster Labor Court on June 21, 2024, the Chamber was convinced that there was no violation of the prohibition of deployment under Section 11(5) sentence 1 Temporary Employment Act. Consequently, the application for injunctive relief lacked any basis for an injunction. As a result, the Marburger Bund’s representative withdrew the motion for a temporary injunction during the hearing.

Counsel to Paracelsus Klinik Henstedt-Ulzburg
HEUKING:
Dr. Arietta von Stechow (Lead, Employment, Litigation),
Dr. Johan-Michel Menke, LL.M. (Employment), both Hamburg,
Dr. Klaus-Georg Baier (Hospital Law), Munich,
Lukas Zietlow, LL.B. (Employment),
Sarah Forkert (Paralegal), both Hamburg