Facts and breach of duty
The employer, a security company, deployed the employee to check the exit area of a mint. This area was secured by a turnstile and a random generator that selected approximately every second employee for inspection. Contrary to the employer's instructions, the employee switched off the random generator and left the guard room without providing a replacement. During his absence, the production area was unsecured and a few days later a loss of gold worth approximately 74,000 euros was discovered. The employer then terminated the employment relationship without notice.
Action for unfair dismissal and judgement of the labour court
The employee filed an action for unfair dismissal against the dismissal without notice. The labour court ruled in favour of the employee and determined that the dismissal was invalid. It argued that although the employee had breached his duties, a warning would have been sufficient. Termination without notice was disproportionate in this case. The termination of the employment relationship did not appear justified to the court, as the employee was not directly connected to the loss of the gold.
Judgment of the Regional Labor Court Berlin-Brandenburg:
The Berlin-Brandenburg Regional Labour Court saw the case differently and ruled in favour of the employer. The court found that the employee's breach of duty constituted good cause within the meaning of Section 626 (1) of the German Civil Code (BGB), which justified extraordinary dismissal. The employee's absence led to an uncontrolled situation in which the mint suffered considerable damage. The safety of the production facility, in particular the protection of precious metals, was severely jeopardised by the employee's behaviour.
Reasons for extraordinary cancellation
The LAG ruled that the plaintiff had breached his contractual obligations in a particularly serious manner. The guard room was supposed to be manned at all times and in the event of a prolonged absence, the employee should have provided a replacement. As this did not happen, the production area was unmonitored, which allowed the theft of gold. Given the high value items used in the mint, it was crucial that a complete check was carried out. Leaving the guard room constituted a serious breach of duty that permanently destroyed trust in the employee and made it unreasonable to continue the employment relationship.
Conclusion
The Regional Labour Court ruled that the termination without notice was justified, as the employee had significantly breached his contractual obligations by switching off the random generator and leaving the security room. The employer was therefore able to terminate the employment relationship without observing the notice period, as it could not reasonably be expected to continue employing the employee.
