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A 57-year-old truck driver does not have fond memories of the meeting with a fellow driver on a construction site in Heiligenhaus near Velbert on July 10, 2020. The man who was then employed by the industrial and urban cleaning company Müntefering had agreed with a colleague who knew the area to drive behind him. But he turned at a gas station every now and then to buy cigarettes and then drove on alone. The 57-year-old still arrived later because he had to find his way.
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At the destination he confronted his colleague and got an answer that enraged him, as he now described in front of the labor court. The colleague loudly dismissed him with the remark “Don’t piss me off”. What followed cost the driver who had been employed at Müntefering for 28 years without notice on July 1, 2020, because he slapped his colleague in the face with the flat of his hand.
While still at work, the man admitted his misconduct and apologized to the colleague who had been slapped. In the first appointment, labor judge Nierhoff took this as an opportunity, which was led by lawyer Dr. To ask the employers’ side represented diapers whether it is not possible to continue the employment relationship after a declaration by the plaintiff, represented by attorney Liebig, that something like this would never happen again. That is out of the question, so lawyer Dr. Diapers. The only offer agreed with his client is to see the employment relationship with a shortened notice period “but without any severance pay” on a round date. The plaintiff rejected this with reference to his long-term employment (halloherne reported).
In the chamber meeting in the third week of October 2020, the employers’ side, at the suggestion of Judge Nierhoff, came a little further towards the plaintiff’s side. The continued employment of the father of three children is not possible, but Müntefering is ready to extend the notice period to the end of the year and to settle it accordingly. Interim earnings of the ex-employee, who was in psychiatric treatment until the end of August and is currently doing a temporary job on the basis of 450 euros per month, are not taken into account either. The “irrevocably released” driver can, due to the so-called turbo clause, get out of the employment contract early and take up a new job on the 15th or the end of a month. Then the remaining wages will be paid as severance pay until the end of December. (AZ 5 Ca 1435 /)
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