Regional Labour Court of Lower Saxony, 12 February 2010, Ref.: 10 Sa 1977/08
Good cause is required for the validity of an extraordinary termination in accordance with Section 626 BGB, which is declared without notice or with a notice period.
If such a reason exists, a weighing of interests must be carried out on the basis of the principle of proportionality in order to determine whether continued employment until the end of the ordinary notice period would be reasonable. The following, for example, can be important reasons for extraordinary termination: Refusal to work, insult, discrimination against foreigners, bribes/bribery, theft or expense fraud. Until recently, the Federal Labour Court ("BAG") also considered dismissal without notice to be justified in cases of theft of low-value items. This changed with the "Emmely" case.
Facts of the Case:
Until her dismissal, the plaintiff was employed as a cashier in a supermarket. As was customary elsewhere, the prices for fruit and vegetables in the supermarket were reduced during the day and then sold at a reduced price. In several cases, the cashier had reduced the price of asparagus on her own authority shortly before closing time and then purchased the asparagus herself. After the cashier's employer dismissed her without notice, the plaintiff initially brought an action before the Lingen District Court and was dismissed.
Judgement of the Lower Saxony Regional Labour Court:
The LAG then also recognised the dismissal as justified. The theft of low-value items was also damaging to the employer and therefore constituted a serious breach of duty. A prior warning was also unnecessary in this respect.
Source: Regional Labour Court of Lower Saxony
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