(de) Fau-Iaa Direct Action #232 NOV/DEZ 2015: First round of court hearings complete -- Update on the lawsuits against Mall of Shame subcontractors

a-infos-de at ainfos.ca a-infos-de at ainfos.ca
Mon Apr 11 08:03:08 CEST 2016

The Mall of Shame saga rumbles on, with court proceedings continuing for another four 
Romanian workers who were due wages owed during the construction of the Mall of Berlin in 
2014. Several of the workers have already had their time in court against the 
subcontractor Openmallmaster GmbH, and on August 5th, two of our members won a decisive 
victory. They are now officially owed 1,226 euro and 4,411 euro respectively, a sum 
calculated to the amount equivalent to the agreed standard wage in the construction sector 
at the relevant time. ---- Unfortunately, despite this recent courtroom success, the two 
following cases resulted in dismissal judgements against the workers. Despite 
acknowledging that both of them worked on the mall of Berlin construction site, the judges 
claim that they were unable to see a coherent demonstration that the workers had been 
working for the subcontractor Openmallmaster GmbH, and as a result the court rejected the 
claims, a decision FAU Berlin found incomprehensible.

Openmallmaster GmbH continues to deny that the construction workers worked directly for 
them. On this particular occasion, the subcontractor couldn’t deny that Alexander ‘Sasha’ 
P. did indeed collaborate with them. The workers have testified that Sasha was one of the 
responsible persons for briefing the construction workers at the mall. Their counter claim 
was that Sasha worked for Openmallmaster GmbH only as a translator, and was paid by 
another company, BV & M Bauvertrieb und Management GmbH. The court’s decision was due to 
the fact that it was hard to prove which specific subcontractor or sub-subcontractor was 
responsible for the exploitation of these migrant workers. At the top of this tree of 
contractors, subcontractors and sub-subcontractors sits Fettchenhauer Controlling & 
Logistics GmbH (FCL), which went bankrupt shortly after the completion of the mall under 
the direction of its general manager Andreas Fettchenhauer. Investor Harald Huth, by means 
of a holding company, has a majority share in FCL. It’s a situation the court has referred 
to as ‘complex’, but FAU Berlin prefers the terms ‘shady’ and ‘exploitative’.Despite the 
setback in these two cases, there was further courtroom success as another two of the 
workers were judged in favour of by default, due to nobody showing up to defend 
Openmallmaster GmbH. These workers are now owed 1,789 euro and 4,345 euro respectively. 
The judge in the case speculated that the defendant's lawyer may have resigned, somewhat 
ironically, due to lack of payment. The hearings concerning three wage lawsuits against 
another subcontractor, Metatec-Fundus GmbH & Co. KG, took place October 28th, the 
judgements were clearly in favour of the FAU members: In this cases, the court assumed 
that the respective workers indeed worked for Metatec-Fundus, though this was denied by 
two representatives of the company. The workers are now owed more than 1,000 euro each. 
FAU Berlin is now legally examining how to deal with the two dismissal decisions, and will 
continue to do all in its power to make responsible the involved parties. The first round 
is over, but there will most likely be a second.More information can be found on 

Foreigners‘ Section / FAU Berlin


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