Granted, theft is theft, whether the time of theft, theft or salami sandwiches meatball-theft, but ....
3 cases
2 DISMISSALS
a pay cut
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CASE 1
Marktheidenfeld / Würzburg
adopted after nine hours of work without a break, the butcher on 14 to combat an attack of weakness, as he says - May at 14.30 clock, the sausage rolls with a total value of 1.08 €. At 5:30 the clock layer had begun to break for breakfast at 8 clock he resigned, the lunch break was canceled because a meat delivery came. The bread he wanted to pay at the end of his working time. But it never came: Dressel was the market leader in the office and asked where delivered in the presence of a works council before the election to be subject to immediate termination for theft or to sign a termination agreement.
The butcher decided on the termination agreement, against whom he now complained before the Labour Court. Even after the conciliation hearing in mid-July (as reported) was a consensual agreement of the parties is not concluded, therefore, they met again in court now.
that they would have no success with their arguments, Elko Dressel and his lawyer was already in the course of the hearing made it abundantly clear: "The opportunities in this process is very unequally distributed. The risk that you lose is "very big," said the presiding judge.
goal of the plaintiff was the finding that the employment was not terminated by the termination agreement, but to this day exists. Would be to provide a proper notice of termination to the end of September 2009 would have accepted Dressel. This was Edeka initial purchase is not prepared and offered as a compromise as a termination date of 31 May 2009. This in turn Elko Dressel did not agree. Against the advice of the Chairman, he insisted on a verdict. "I prefer the by now"
why the suit was dismissed, the judge explained already in the trial. Unlike with other cases of dismissal after a theft of low value items, which provided recent headlines, it was stated that Dressel just not a dismissal, but a termination agreement signed by both parties. And one can only be successfully challenged if the signature of an "unlawful threat" was enforced. But because enough of the theft of a bread roll with a value of 1.08 € to the jurisdiction of the Federal Labour Court as a basis for termination, the less the E-Center prospective Asked dismissal no unlawful threat dar.
Dressel's lawyer has already announced that it is inconsistent decision to the Regional Labour Court will appeal.
CASE 2
Dortmund
Magdalene H. fights for her job - and to their honor. The secretary was 34 years for the Construction Industry Federation Westphalia in Dortmund, Germany, suddenly, she received the notice. Because she had eaten a burger from Chef Buffet.
The incident occurred last July, is now the case in the Labour Court Dortmund. "How heartless can be a boss?" Asks the "Bild"-Zeitung.
It is not the first time that an employee has been terminated because of a trifle. And caused concern in particular the case "Emmely. The supermarket cashier had embezzled two coupons for 48 cents and 82 and was subsequently dismissed without notice. A little later, the case of a bakery clerk in Friedrichshafen on Lake Constance was known. She was fired for 1.36 euros missing from the till. Also in France, similar cases have been publicized.
is similar had at Magdalene H. The secretary prepared a conference-aways for the boss and his guests, says "image". When they got hungry, she took herself two half-rolls and a meatball.
When the boss's secretary to task, gave the 59-year-old all at once. "They felt their behavior was wrong," said lawyer Wolfgang Pinkepank. "Sandwiches and burgers, the . After conferences were left, were allowed to be eaten by people "
" This is not a classic theft
Magdalene Hs supervisors see this different, however. They evaluate the consumption as abuse of trust "by the outside, the natural as a trifling matter" , Building Federation's managing director Hermann Schulte-Hilton says the report says. "We have, however, highly sensitive data to be processed. And if you no longer trust anyone, does not a good feeling. "
On Tuesday, both sides came together in a labor court in Dortmund. During the trial it became clear that self-service buffet is not allowed, but apparently the Construction Industry Federation Westphalia a long time was common. Even the former head should like to have access, according to the secretary. Moreover, all the guests were the Chief left, anyway went back to the employees.
also stressed the judge: "This is not a classic theft." It proposed to convert the dismissal into a warning.
The Construction Industry Federation was still hard. Now the process continues with a Chamber event. Scheduled date: January 2010.
CASE 3
checkmate for online gambling officials
An official of the municipality in the district of Neuwied Dierdorf has two years a pay cut , Suffered because he played while working online chess. This was decided by the Administrative Court of Trier.
The official had admitted having a long time often played for several hours in a row on his work computer online chess. According to his employment contract but only a small personal Internet use is allowed.
The municipality Dierdorf wanted to share with their complaint that the 59-year-old employee is demoted. He would have been reduced both in its content in class and his grades. At the suggestion of the judge, the parties agreed but instead on a two-year salary cut by 20 percent. This was basically the good cooperation honored with the officials during the past nearly 20 years.
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