By judgment of seven October 2021 (docket quantity: 10 Sa 867/21) the Regional Labour Court docket Berlin-Brandenburg (Landesarbeitsgericht Berlin-Brandenburg – LAG Berlin-Brandenburg) has rejected the motion for defense towards dismissal introduced by a trainer who refused to adjust to the duty to put on mouth-nose safety
1. Details
On this case, the employment of the claimant trainer had been terminated by the state of Brandenburg as a result of he had described the obligatory masks for kids in class 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 in class. 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 towards the college with a pre-formulated two-page letter.
In response to the trainer’s motion for defense towards dismissal, the Labour Court docket Brandenburg (Arbeitsgericht Brandenburg) had declared the dismissal invalid within the first occasion as a result of it lacked the required warning letter. The courtroom terminated the employment relationship towards cost of severance pay. Each the plaintiff and the state of Brandenburg appealed towards the labour courtroom’s determination.
2. Ruling
The Regional Labour Court docket (LAG) has now declared the dismissal to be efficient. Opposite to the opinion of the Labour Court docket, there was a warning letter. The claimant himself referred to an announcement by the defendant state that he must count on dismissal if he didn’t chorus from his behaviour. Subsequently, nevertheless, the plaintiff had endured along with his statements in a renewed assertion by e mail to the mother and father’ consultant and different authorities.
As an extra purpose for dismissal, the Regional Labour Court docket (LAG) referred to the claimant’s persistent refusal to put on a mouth-nose safety in class. The certificates of an Austrian physician, which was then offered and obtained from the web, didn’t justify an exemption.
The Regional Labour Court docket (LAG) didn’t enable an enchantment to the Federal Labour Court docket (Bundesarbeitsgericht – BAG).
3. Conclusion
The case exhibits that critical breaches of obligation beneath the employment contract entail the chance of termination with out discover.
Nevertheless, it has once more turn into clear how vital it’s that such a dismissal is first preceded by a warning letter. The worker should 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 outcome within the termination, if crucial with out discover, of the employment relationship.
