The Bagatellkundigung of employer, lawsuit and settlement in the recent past have various spectacular rulings stir made, where the termination declared by workers due to relatively harmless assets offences to the detriment of the employer for lawful (case Raleigh, Krishna or Emily in the first two instances, electricity theft, theft of buns, among others. As a general rule that assets offences can regularly justify a termination of the employment relationship without prior warning to the detriment of the employer. How much it arrives here, but always on the circumstances of the case, shows a judgment to the Landesarbeitsgericht Schleswig-Holstein (Schleswig-Holstein, judgment of the 13.1.2010, AZ. 3SA 324/09 was). In case of local workers had invited controversial consultation with the superiors and the company – on the trailer of his private car’s the part of an old, destined for disposal work bench after one – the content between the parties. The Workers knew this law because he believed to have granted a permit for this. Accordingly, he loaded the parts to be taken not secretly, but during working hours.

This management was observed and made the speech. Then, his employment was terminated without notice, in the alternative orderly. This cancellation saw the Landesarbeitsgericht – as well as before the Labour Court – proven ineffective. Here, a warning would have sufficient to prevent a repeat of the offending employee behavior. The employers fell here to the last that he probably ever had allowed in the past that no longer needed parts were taken by workers.

Against this background, a warning would have sufficed from the workers in the future to show that such behavior will no longer be accepted. Moreover that economically no damage could occur to the employer and that the employee was not secretly. Incidentally, also Tom ultimately got right. But she had to for up to the Federal Labour Court and won mainly because she previously worked 30 years complaint-free had. Who can say the same? Employee Tip: basically should any employee be clear that even of reasonable suspicion of a capital offence anyway a proper termination of the employment relationship can justify a termination, with even a small financial loss for the employer in principle. The times where you or similar without hesitation grabbed a stationery, tool of the employer, and the excess food from the kitchens consumed in private, should a truly over be. Often, employers use such incidents to get rid of troublesome or expensive to workers. Did you receive a notice usually bringing a dismissal action to at least have a severance package worth to get. Employer Tip: introduce clear rules in your company for the handling of company property and ensuring strict handling. Otherwise, you risk in case of a termination without notice of an employee charges expose oneself to, that such behavior was common operation and therefore the awareness of wrongdoing is denied the workers. If necessary, it is advisable to alert all staff again expressly in writing on the future correct behavior. A post by lawyer Alexander Bredereck, Berlin lawyer specializing in labour law polymath welcome lawyers Potsdam: Friedrich-Ebert-Strasse 33, 14469 Potsdam Tel. (030) 4 000 4 999 e-mail: about labour law: