Regional Labour Court Berlin/Brandenburg, 16.09.2010 (Ref.: 2 SA 509/10)
Good cause is required for the validity of an extraordinary termination in accordance with Section 626 BGB, which is declared without notice or with a notice period.
If such a reason exists, a weighing of interests must be carried out on the basis of the principle of proportionality in order to determine whether continued employment until the end of the ordinary notice period would be reasonable. The following, for example, can be important reasons for extraordinary termination: Refusal to work, insult, discrimination against foreigners, bribes/bribery, theft or expense fraud. Until recently, the Federal Labour Court ("BAG") also considered dismissal without notice to be justified in cases of theft of low-value items. However, this changed with the "Emmely" case.
FactsThe later plaintiff, a railway employee, had celebrated her 40th anniversary with colleagues. The employee then submitted a receipt received from a catering company for hospitality costs in the amount of €250.00 to the employer for reimbursement, although the actual costs were only around €90.00. The plaintiff wisely chose the amount of € 250.00, as the employer had a general policy of reimbursing hospitality costs up to an amount of € 250.00.
Berlin/Brandenburg Regional Labour Court: The LAG considered the extraordinary dismissal of the employee to be unjustified. In particular, the fact that the employee had been employed by the employer for 40 years without complaint up to this point and had committed the offence outside the core area of her work made the dismissal unjustified.
Source: Berlin/Brandenburg Regional Labour Court
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