Smelly boss and "fat" colleague: Statements do not justify termination without notice
Created: 09/19/2022, 07:30
By: Carina Blumenroth
In working life you may come into contact with difficult characters.
You don't get along well with everyone.
Some things end up in court.
Many employees spend a lot of time at work, so it is particularly important that the working atmosphere is right and that you get along well with colleagues.
When this is not the case, life becomes harder and time at work seems to pass more slowly.
It can be particularly difficult if labor law disputes have already ended up in court.
Insults do not justify termination without notice.
© Boris Zerwann/Imago
After winning the dismissal protection procedure, back to the old job
The
German Federation of Legal Protection Unions (DGB Rechtsschutz)
reports on its website about labor law cases and judgments of the labor courts.
A case is currently being described there that deals with termination without notice after insult.
However, this case has a history that has already been dealt with in favor of the employee by a labor court.
What was it about?
As early as 2016, an employee won a dismissal protection case before the Thuringian State Labor Court (LAG).
Her previous employer had to reinstate the woman, who worked as an economist.
She was then entrusted with archival work, which she had to carry out under sometimes inhumane conditions, as reported by the DGB.
The woman is said to have done her work in a moldy basement room "which had an infestation of mice" and "only had a temperature of 11 °C".
For archival work, the woman is said to have transported heavy files across a courtyard.
The woman complained to a former work colleague and insulted her boss and a colleague.
She was then dismissed without notice.
Again it went before the Labor Court.
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Smelly boss and colleague "stupid and fat" - dismissal without notice is not legal
In a phone call with a former colleague, the woman is said to have complained about her smelly boss and called another colleague "fat" and "stupid".
She was dismissed without notice - filed a lawsuit and the labor court agreed with her.
The court ruled that a warning was necessary before the dismissal.
The employer appealed against the decision – but the Court of Appeal also classified the dismissal without notice as “disproportionate” and therefore ineffective.
The bad working conditions of the woman, which represented an impertinence, should also be taken into account.
This presents emotional challenges that explain their actions.
Termination of the employment contract: the most important facts that everyone should know
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