By judgment of seven October 2021 (docket quantity: 10 Sa 867/21) the Regional Labour Courtroom Berlin-Brandenburg (Landesarbeitsgericht Berlin-Brandenburg – LAG Berlin-Brandenburg) has rejected the motion for cover in opposition to dismissal introduced by a instructor who refused to adjust to the duty to put on mouth-nose safety
1. Details
On this case, the employment of the claimant instructor had been terminated by the state of Brandenburg as a result of he had described the obligatory masks for kids at school classes as coercion, youngster abuse and bodily hurt in e-mails to the mother and father’ consultant and refused to put on a mouth-nose safety at school. To this finish, after repeated requests, he submitted a certificates from an Austrian physician bought on the web. As well as, he had requested the mother and father to take motion in opposition to the college with a pre-formulated two-page letter.
In response to the instructor’s motion for cover in opposition to dismissal, the Labour Courtroom Brandenburg (Arbeitsgericht Brandenburg) had declared the dismissal invalid within the first occasion as a result of it lacked the required warning letter. The court docket terminated the employment relationship in opposition to cost of severance pay. Each the plaintiff and the state of Brandenburg appealed in opposition to the labour court docket’s determination.
2. Ruling
The Regional Labour Courtroom (LAG) has now declared the dismissal to be efficient. Opposite to the opinion of the Labour Courtroom, there was a warning letter. The claimant himself referred to a press release by the defendant state that he must anticipate dismissal if he didn’t chorus from his behaviour. Subsequently, nevertheless, the plaintiff had continued along with his statements in a renewed assertion by e-mail to the mother and father’ consultant and different authorities.
As an additional cause for dismissal, the Regional Labour Courtroom (LAG) referred to the claimant’s persistent refusal to put on a mouth-nose safety at school. The certificates of an Austrian physician, which was then introduced and obtained from the web, didn’t justify an exemption.
The Regional Labour Courtroom (LAG) didn’t permit an enchantment to the Federal Labour Courtroom (Bundesarbeitsgericht – BAG).
3. Conclusion
The case exhibits that severe breaches of responsibility beneath the employment contract entail the danger of termination with out discover.
Nonetheless, it has once more develop into clear how essential it’s that such a dismissal is first preceded by a warning letter. The worker have to be proven what his contractual duties are, to what extent he has violated them within the opinion of the employer, and {that a} repeated violation will consequence within the termination, if obligatory with out discover, of the employment relationship.