The BVG terminated a driver because of a photo montage that he posted on Facebook. The labor court has now ruled in favor of the BVG.
The Berlin Labor Court has confirmed the dismissal of a Berlin tram driver. The BVG had fired the man because of a photo montage he had posted on Facebook. The photomontage could be seen as a threat to colleagues who are involved in the Verdi union. The verdict is not yet final.
According to the information, the man is the administrator of a private Facebook group intended for BVG drivers. In May 2024, he posted a photo montage showing a kneeling man with a gun pointed at his head. It was written on it: “Verdi doesn’t hear the warning shot.” The BVG logo was also shown on the assembly. The post was a comment on the results of a Verdi member survey.
After the post, a total of seven BVG colleagues who are involved in the union and felt threatened by the post complained. The driver was heard by the employer. The BVG then gave him immediate and ordinary dismissal.
The court said the tram driver specifically threatened colleagues with the post. This means a significant disruption to the peace in the company. The Facebook group is private, but is expressly aimed at BVG drivers. Such a concrete threat is no longer covered by freedom of expression. However, the court decided that the BVG could be expected to continue the employment relationship until the end of the normal notice period. The driver is a single father of three children and therefore needs more time in advance to find a new job.
