According to the judges, the employment contract was wrongfully terminated and continues to exist. The Chamber put the amount in dispute at around 215,000 euros.215,000 – largely compensation that Volkswagen is now required to pay in arrears.
No usable witness statements
The judge cited the fact that the works council had been incorrectly informed about the termination of employment. Volkswagen had given the impression that there were several witnesses to the fact that the former head had ordered the implementation of the manipulation software in a new generation of engines in 2011. However, the hearing on Monday revealed to the court that there is at most one witness. He invoked his right to refuse to testify. Two witnesses named by Volkswagen were rejected by the court because they did not attend the 2011 meeting.
In September 2015, Volkswagen admitted under prere from U.S. environmental authorities that it had cheated on emissions tests on a large scale. So-called defeat devices were used to fudge the nitrogen oxide readings on the test bench downward.
"Unfortunately, the court did not confirm our legal findings today," said a Volkswagen spokesman. The company remains convinced that the plaintiff committed material breaches of duty in connection with the diesel models intended for the U.S. market. An appeal is being considered.
An appeal has been filed following the two previous rulings of the Braunschweig Labor Court. The former head of development at Volkswagen, Heinz-Jakob Neuber, is defending himself against his defeat. Volkswagen, in turn, is appealing the ruling in favor of an engine expert.