Diocese lost in dispute over dismissal because of office chair
Created: 2022-01-18Updated: 2022-01-18, 6:06 p.m
Exterior view of the Archbishop's General Vicariate.
© Federico Gambarini/dpa/archive image
The dance around the golden calf is known from the Bible.
In the diocese of Cologne, a much more mundane object was the focus of interest recently: an office chair.
A legal advisor had been fired because of the seating.
Invalid, says a court.
Cologne - In the dispute over the dismissal because of a taken office chair, the Archdiocese of Cologne suffered a defeat in court against its legal counsel.
The Cologne Labor Court upheld the lawsuit of the woman who had worked under Archbishop Rainer Maria Woelki on Tuesday.
Your resignation was found to be invalid.
The diocese had spoken out because the lawyer had taken her office chair with her to the home office at the beginning of the corona pandemic.
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In his verdict, the judge stated that it was a "breach of duty" if one did not agree to take the employer's property home.
In the situation at that time in 2020 - the corona virus had not arrived in Germany long - that was not enough to justify an extraordinary termination.
At that time, the archdiocese gave priority to working from home.
But: The necessary equipment was not made available at such short notice.
The top lawyer had worked for the archdiocese since 2008.
The termination was dated June 22, 2021. In addition, the diocese had retired the woman a few days later.
Her permanent disability was given as the reason.
In its judgment, the court also considers this step to be invalid.
This required a prognosis that the woman would not regain her ability to work in the next six months.
A medical opinion from January 2021 and an ongoing disability since then is not enough.
The legal adviser had sued in the proceedings against the termination of her employment.
At a conciliation date, however, there was no rapprochement between the parties.
The lawyer for the archdiocese had argued that the office chair was an "object of considerable value" - taking it was "illegal".
"There is not a single office chair that could be taken home in Corona times," he explained.
In addition, the woman reported sick shortly afterwards.
What the verdict means for the future of women in concrete terms initially remained unclear.
It can still be appealed.
However, when asked whether the diocese would have to employ the woman again, a court spokeswoman said: "In principle - as far as she is able to work - she should be employed."
The legal adviser, who was busy processing abuse cases during her tenure, had also demanded compensation for pain and suffering - at least 50,000 euros.
She had been inadequately trained for this work, she had argued.
The diocese had not adequately fulfilled its duty of care.
Her lawyer had reported post-traumatic stress disorder.
However, judge Hans-Stephan Decker did not award her compensation for pain and suffering.
The processing of the abuse cases was necessary - and the associated burdens were unavoidable.
As head of the legal staff department, it is reasonable to take care of the appropriate support from the archdiocese yourself.
The diocese has been in a crisis since Cardinal Woelki decided in 2020 not to publish a report he had commissioned himself on how diocese officials deal with allegations of abuse.
He cited legal reasons for doing so.
Instead, he commissioned a new report.
This decision led to a wave of resignations from the church.
Woelki is currently on a "spiritual break".
But it should end at the beginning of March.
dpa