After the act of violence with four dead in a Potsdam dormitory for the disabled, the Potsdam Labor Court has to deal with the dismissal of the suspect employee.
The Berlin-Brandenburg State Labor Court (LAG) has decided that the dismissal protection proceedings must be continued, as a spokeswoman announced on Thursday (decision of 6.
Berlin / Potsdam - October 2021 Az. 11 Ta 1120/21). The judges have thus overturned a decision by the Potsdam colleagues. At the beginning of August, they suspended the dismissal protection proceedings with reference to the ongoing criminal proceedings against the employee.
The employer has successfully lodged an immediate appeal against this decision.
The reason given by the LAG was: A reason for suspension was only given if the criminal investigations were decisive for the decision of the labor court.
In the present case, this could not be established for the question of the employee's culpability.
In the case of a homicidal offense like the one accused here, the employee lacked “in the sense of a personal reason for dismissal, the suitability for the job even in the absence of culpability,” it said.
In this case, neither the employer nor the other employees can reasonably be expected to continue working together.
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From the point of view of the LAG, the decision of the labor court does not depend on the criminal judgment, but on the "violation of contractual obligations and any associated breach of trust".
After the decision, the labor court in Potsdam must now negotiate the case.
In the dormitory of the diaconal facility Oberlinhaus, four residents were killed and one resident was seriously injured at the end of April.
The suspect is a nurse who worked there for many years.
She is housed in a psychiatric clinic.
The trial for murder and attempted murder against the 52-year-old is due to begin on October 26 at the Potsdam Regional Court.
dpa