A savings bank in North Rhine-Westphalia Herne allowed one employee to dismiss without notice, after 115,000 euros had disappeared from a sealed suitcase of the Bundesbank. This was decided by the Landesarbeitsgericht in Hamm on Thursday.
The cashier had stated that she had found only a pack of baby food and washing powder in the suitcase. The savings bank had terminated the now 54-year-old employee immediately thereafter.
According to the bank, the woman had ordered the unusually high amount of money in 50-euro denomination the day before even at the Bundesbank. The termination in April 2016 justified the financial institution with numerous indications and the strong suspicion that the cashier had embezzled the money. The woman resisted - at first with success.
Criminal proceedings for embezzlement
In judgments of October 2016 and August 2017, both the Herne Labor Court and the Hamm Regional Labor Court declared the dismissal ineffective. By contrast, the Sparkasse successfully introduced an appeal to the Federal Labor Court. This, in turn, referred the case back to the state labor court in order to thoroughly investigate possible female perpetration.
After the re-examination, the state labor court now assumes that the employee has taken the money. A new revision to the Federal Labor Court was not allowed.
The district court Herne had already sentenced the former cashier in May in a criminal case for embezzlement to a prison sentence of two years and nine months. This judgment is not yet final.
