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Warehouse clerk locks unpleasant colleagues in the toilet - the case ends up in court

2021-03-10T12:16:41.015Z


A warehouse clerk wants to wipe out his colleague, locks him up in the toilet and gets a termination without notice. The case ends up in court - a verdict has now been pronounced.


A warehouse clerk wants to wipe out his colleague, locks him up in the toilet and gets a termination without notice.

The case ends up in court - a verdict has now been pronounced.

+

A toilet was the focus of a court ruling that resulted in a warehouse clerk being fired.

(Symbol image)

© Ralf Hirschberger / dpa

When colleagues work together eight hours a day, arguments are all too human.

In this case, however, the limit of good taste was clearly exceeded and ended with

an employee being

dismissed without notice *

.

Termination without notice: Employee locks colleagues in the toilet

As the AFP news agency reports, a warehouse clerk kept getting into an argument with another employee.

When he was in the toilet one day, the warehouse clerk obviously took the chance to wipe one thing at his unpleasant colleague: he pushed the toilet key outside through the keyhole with an object and

grabbed the fallen key

.

As a result, the colleague was

trapped in the cabin

- and was only able to free himself by kicking the toilet door.

When the employer found out about the incident, there was not only anger, but also a termination without notice.

But the warehouse clerk did not want to let that sit on him, after all, there was no reason, he had always had a good relationship with his colleague, as he himself claimed.

Finally, in June 2020, the warehouse clerk filed a lawsuit against dismissal at the Siegburg Labor Court.

Also read:

Is your toxic colleague more successful than you?

Then there is probably a certain characteristic behind it.

Deprivation of liberty justifies termination without notice by the employer

But without success: In a judgment (Az. 5 Ca 1397/20) in February 2021, the labor court confirmed the employer's dismissal without notice, because he had "at least temporarily

deprived

his colleagues of

their freedom and the unimpeded possibility of leaving the toilet

".

This represents a “very

significant breach of duty

”. In addition, the employer's toilet door was damaged through his fault.

However, the decision is not yet final.

An appeal can be lodged with the Cologne Regional Labor Court against the judgment.

Also read:

Termination: This typical formal error makes it ineffective.

Termination without notice: when is it allowed?

It

is precisely defined

when the employer

may give

extraordinary

notice without notice

.

You'll find more about it here.

In certain cases, employees are also allowed to give notice without notice.

(as) * Merkur.de is an offer from IPPEN.MEDIA.

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Termination of Employment Contract: The Most Important Facts Everyone Should Know

Termination of Employment Contract: The Most Important Facts Everyone Should Know

List of rubric lists: © Ralf Hirschberger / dpa

Source: merkur

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