Icon: enlarge
Photo: A3399 Arne Dedert / dpa
Anyone who intentionally locks their colleague in the toilet can expect to be dismissed without notice.
This was decided by the Siegburg Labor Court in a judgment that has now been announced (
file number: 5 Ca 1397/20
).
In the specific case, the plaintiff had been employed as a warehouse clerk for over a year.
He often quarreled with a colleague.
When this colleague went to the toilet in the company and locked the door, the warehouse clerk wanted to wipe him out.
He pushed a sheet of paper under the toilet and used an object to push the toilet key out of the lock.
The key fell on the sheet, he pulled it under the door and the colleague was stuck.
Obviously he didn't break the prank right away either.
In order to free himself from the toilet, the prisoner finally kicked the door open.
Neither he nor the boss found it all funny.
The warehouse clerk received the notice without notice.
He found the measure too drastic and sued against the termination.
After all, employers also have other options: They can first issue a warning about misconduct or terminate the contract with the usual notice so that the man would have had time to look for a new job.
With the current decision, the lawsuit has now been dismissed.
The court ruled that the warehouse clerk had temporarily deprived his colleague of his freedom, since he could not leave the quiet place unhindered.
The plaintiff was also responsible for damaging the employer's property with the toilet door.
The court estimates the amount in dispute at 7500 euros.
The behavior of the plaintiff was therefore a significant breach of duty under the employment contract, which did not require a warning or continued employment until the end of the normal notice period.
Icon: The mirror
mamk / JurAgentur
