Category Archive: Conduct Related Dismissal

Only once is once too often

The Higher Labor Court Hesse (Landesarbeitsgericht Hessen) ruled on 23 March 2015 (ref. no. 16 Sa 646/14) that handing the employer an intentionally manipulated sick note can justify an extraordinary dismissal even if the employment relationship lasts for more than 23 years without significant misconduct. In this case the employee, a mother of 2 children …

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This ship has sailed, or: Dismissal of a pirate

Making illegal copies of CDs and DVDs at work using equipment provided by the employer can be grounds for dismissal for cause with immediate effect (judgment by the Federal Labour Court – Bundesarbeitsgericht, BAG; dated 16 July 2015, docket number 2 AZR 85/15). The employee had been working for the Land Saxony-Anhalt and was in …

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Don’t harass – it’s a mess

The Higher Labour Court Hessen (Landesarbeitsgericht Hessen, LAG) ruled on February 21, 2015 that sexual harassment of a close minor relative of a co-worker can justify a summary dismissal (docket number 14 Sa 609/1). In the context of his employment with the defendant the plaintiff was responsible for a culture hall where among others events for …

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A sit-in in a superior’s office to enforce a wage increase may be grounds for termination

A recent judgment by the Higher Regional Labour Court Schleswig-Holstein (Landesarbeitsgericht Schleswig-Holstein, LAG), upheld the dismissal of an employee who blocked her superior’s office in order to obtain a non-tariff salary increase (judgment dated 06 May 2015, 3 Sa 354/14). The employee, who had been employed by the company for more than twenty years and …

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Protection of confidential business secrets – Sharing sensitive company data among works councils of group companies

Passing on business secrets by employees to third parties may be a criminal offence and therefore potentially justify an immediate dismissal for cause. In a recent ruling the regional labour court (Landesarbeitsgericht, LAG) Schleswig-Holstein decided that sharing sensitive company data among works councils of group companies may not always justify a dismissal (March 4th, 2015; docket …

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No can do

Using a company credit card for private purposes without express permission from the employer may be grounds for a formal warning or even allow for a conduct-related dismissal (judgment by the Nuremberg Higher Regional Labour Court, Landesarbeitsgericht, LAG; dated February 3, 2015, docket number 7 Sa 394/14). In the case at hand, the employer provided …

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Rest for the weary?

Taking a nap at work does not necessarily constitute grounds for dismissal. According to a recent judgment by the Cologne Labour Court (Arbeitsgericht, ArbG), the dismissal of an employee who took a nap which lasted several hours was disproportionate and thus invalid (judgment dated 19 November 2014, docket number 7 Ca 2114/14). The plaintiff works …

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Guilty or not guilty – termination of the employment of an addicted employee

The Labour Court Düsseldorf (Arbeitsgericht; docket number: 2 Ca 3420/14) ruled on October 21, 2014 that the termination of an employment with a gambling-addicted employee based on misappropriation of money is valid even though a works council agreement determines that the employer is obliged to take various disciplinary actions (including informal/formal warnings) prior to any …

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Tricks in time recording do not save a lot of time!

Manipulation of time recording may justify dismissal without notice according to a judgment of the Higher Labour Court of Hessen (Landesarbeitsgericht, LAG).  Following judgments of the Federal Labour Court (Bundesarbeitsgericht, BAG), manipulation of time recording by employees is a serious breach of contract which can justify a dismissal without notice even where the employee in …

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I’ll just be sick then …!

An announcement of a sickness-based absence may not always justify a dismissal according to a judgment by the Higher Labour Court Cologne (Landesarbeitsgericht, LAG). Following judgments by the Federal Labour Court (Bundesarbeitsgericht, BAG), the announcement of absence from work due to sickness may justify a dismissal if the employee asks for leave and threatens the …

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