Regional Labour Court Berlin-Brandenburg, 04.02.2014, Ref.: 19 Sa 322/13
In accordance with Section 626 of the German Civil Code (BGB), an employment contract can be terminated if the employer can no longer reasonably be expected to continue the employment relationship with the employee. However, it must be determined whether there is good cause for termination without notice.
Good cause can be, for example, gross insults or significant defamation of the employer by the employee. The dissemination of untrue statements of fact about colleagues or the employer can also be good cause.
Although the employee may criticise the employer or company processes, this is only permitted to a certain extent. Nor can employees invoke their right to freedom of expression under Article 5 of the German Basic Law in the event of insults. This is because the exercise of this fundamental right is also subject to limits if the fundamental rights of others are impaired.
In the above-mentioned judgement of the Berlin-Brandenburg Regional Labour Court, the court had to decide whether the dismissal of an employee was lawful because she had made defamatory allegations about her colleagues.
Facts of the Case:
Secretary claims that alcoholic beverages and sexual acts took place during working hours
The plaintiff had been employed by the defendant district as a secretary in a municipal treasurer's office. During her employment, the plaintiff had made serious allegations against her employer, in particular against the treasurer, but also against other colleagues.
According to the plaintiff, there had been alcohol excesses and sexual acts during working hours.
Employer properly dismisses due to these unfounded accusations
After examining the allegations, the district terminated the employment relationship with the plaintiff with due notice. The plaintiff filed an appeal against this termination. Ruling of the Federal Labor Court to the labour court. When the court dismissed the action for protection against dismissal, the plaintiff appealed to the Berlin-Brandenburg Regional Labour Court.
Judgement of the Berlin-Brandenburg Regional Labour Court:
Like the Labour Court, the Court of Appeal also rejects the action for protection against dismissal.
The Berlin-Brandenburg Higher Labour Court also disagreed with the plaintiff and dismissed her action for unfair dismissal after hearing witnesses.
The plaintiff had falsely accused her colleagues and thereby seriously violated her contractual obligations; the fact that the work processes in the municipal treasurer's office were partially objectionable did not justify or excuse the plaintiff's defamatory allegations. As a result, the district could not reasonably be expected to continue the employment relationship with the plaintiff.
Source: LAG Berlin-Brandenburg
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One Response
if you have no witnesses yourself, the other side, which is in the majority, can always claim with the majority that there were no "assaults of a sexual nature", but since it is not clear from the facts presented here how the court investigated, this also remains only speculation, interesting judgement, but with too little background...one would have to read the entire judgement...