VG Düsseldorf, press release of July 13, 2022 on decision 2 L 490/22 of July 13, 2022
–
The ban on conducting official business issued to a teacher at a primary school in Düsseldorf due to non-compliance with various regulations to contain the corona pandemic is in all likelihood legal. This was decided by the 2nd Chamber of the Düsseldorf Administrative Court in a summary procedure dated July 13, 2022, thereby rejecting the teacher’s application directed against the state of North Rhine-Westphalia.
The reason given by the court was that the teacher had repeatedly deliberately failed to properly carry out the obligation resulting from the version of the Corona Care Ordinance in force at the time to carry out pool tests in her class twice a week. She did not hand out the test sticks intended for the self-tests, but commercially available cotton swabs to the students in her class, which she said she then connected with the test sticks and wiped the spit samples on them. In addition, there is a suspicion that she disregarded the obligation to wear a medical face mask in the school building and did not consistently monitor her students’ compliance with the mask obligation. Even after being expressly instructed by the school management, she did not change her behavior. This would provide sufficient evidence for the suspicion of endangering the service at the school. Due to her unreasonable behavior, she gives the impression that she is not prepared, neither in the future, to comply with legal regulations or official instructions if she considers them to be illegal or inappropriate. With a view to protecting the students and colleagues from health hazards and the reputation of the teaching profession, it was justified to ban her from conducting official business.
An appeal can be lodged against the decision, which will be decided by the Higher Administrative Court for the State of North Rhine-Westphalia in Münster.
Source: VG Düsseldorf
Related Posts
–
