We have already reported that the Federal Labour Court (BAG) has amended its law in property crimes. In the "Emmely" the BAG had declared a cancellation without notice due to recovery of coupons to the value of 1.30 EUR to be ineffective. So far, it was so that the BAG justified, even for very minor theft cases dismissed without notice for held. In the "Emmely" resulted from the BAG, the offense was indeed serious, ultimately would but, given the associated with the termination serious losses that outweigh the benefit of the applicant in the consideration to be included viewpoints. In particular, the over thirty years include no legally relevant defects extending employment, would have acquired by the applicant with a high level of confidence. That belief has been the non-atypical and unique in many respects, termination of affairs completely destroyed. As part of the assessment is to take into account the relatively minor damage. So be a warning was appropriate and sufficient.
now has the country's Labor Court (LAG) Berlin / Brandenburg in a decision of 09.16.2010 (ref. 2 SA 509/10) explains the dismissal of a railway employee to be ineffective. This was employed for 40 years as a train ready and Erin had celebrated her 40th anniversary of service to colleagues. She then presented the employer received from the catering company complacency receipt for 250.00 EUR for entertainment expenses and had to refund that amount. The actual costs were only at around 90.00 EUR. The employer was the scheme to take proven entertainment expenses reimbursed up to 250.00 EUR be. Referring to the case "Emmely" the LAG has taken into account primarily the 40-year-old Complaint Free time employment in favor of the worker, which led to a very high "confidence capital". This had been destroyed not by a single offense. It should also be taken into account that the employee immediately admitted the violation, they found themselves in the act outside of their normal business and they have not committed the breach in the core area of its activity. All these factors have for the opinion it was the employer's interest in terminating the employment relationship, the face of massive fraud plot quite a very high weight would have been attributed, ultimately prevailed.
Here was the rare peculiarity that the employee collective agreement is no longer properly, ie with the usual notice period of seven months, then, was terminated and the employment relationship therefore continued. Otherwise, the LAG would be probably at least take the alternative, timely termination and the employee would be eliminated with a period of seven months.
Even this ruling is worrying. Anyone who tries to cheat his employer to 160.00 EUR, has destroyed the trust term. Workers can only be warned not to steal things or in the future Property crimes to commit. Employers will continue in such cases with immediate termination very good chance of success, and should not shy away from such a status.
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