You don’t always agree with the behavior and decisions of your superior. The Federal Labor Court now had to deal with a case that went far beyond mere displeasure.
The matter concerned a termination given by the airline TUIfly GmbH.
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Seven friends and some relatives were members of a private WhatsApp group. Private topics were discussed in the group. In some cases, however, comments were made about superiors in a “strongly offensive, racist, sexist and inciting manner”.
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By chance, the airline became aware of the WhatsApp group and its contents. She terminated one of her employees without notice and without notice, citing the insults.
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The terminated person did not want to accept this and filed an action for protection against dismissal – but in the final instance was unsuccessful.
The Erfurt federal labor judges now ruled that the employment relationship had been effectively terminated by the extraordinary termination without notice. They focused largely on the racist and inhumane content of the insults expressed in the WhatsApp chat group.
The argument put forward by the plaintiff was also able to do this It was a private chat group among friends, nothing changed.
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In principle, it is true that private chats of confidentiality subject, according to the judges. However, this confidentiality must also find its limits, as can be expected from the size and personnel composition of the chat group.
To this end, the judges focused in particular on the type and content of the species exchanged as well as the number of members of the group.
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A lack of confidentiality This is particularly to be expected if there are other employees of the same employer in the group and the statements are so inhumane that secrecy cannot be assumed, the judges continued.
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The judges considered these strict requirements to be met in the case to be decided. Due to the insults expressed, the employee was effectively terminated.
The current decision of the highest German labor court makes it impressively clear that insults that are apparently expressed in private have an impact on the employment relationship and, in the worst case, can even entitle the employer to terminate the contract.
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2023-12-23 21:13:28
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