Das Verhältnis der ausserordentlichen Kündigung des Arbeitgebers zur ordentlichen Kündigung nach dem

The law on protection against dismissal is shaped by a variety of principles that are not regulated by law, which consequently leads to significant legal uncertainty in practical application. The starting point of the principles shaped by case law is the prevailing understanding of the relationship between extraordinary (employer) dismissal and ordinary dismissal according to the provisions of the KSchG as a hierarchical relationship, resulting in the mutual transfer of principles to each other’s grounds for dismissal. The aim of this work is to critically examine the prevailing view on the relationship between the two types of dismissal and to contribute to a systematization by determining the essence of both types of dismissal, particularly the grounds for dismissal.