Person-related dismissal of long-time employee the Landesarbeitsgericht Dusseldorf (judgment v. 26.10.2010, AZ: 17 SA 540/10) has decided that the termination as well as the alternative stated timely cancellation due to illness are ineffective. The case: A drugs occupational therapist was employed in a specialist clinic for addiction-ill patients since 1997. When setting the employer was known that the worker is an alcoholic. “The setting was carried out under the assumption that the plaintiff dry” is an alcoholic. In May 2009, the employer announced the employment relationship exceptionally and in the alternative orderly. The grounds has been declared, that she repeatedly found that the plaintiffs have taken alcohol is. You have called this off also had several times previously.
The employee was due to his illness, not in a position to provide its Arbeitsleitsung properly. Also, the appearance of the specialist clinic was damaged. The workers filed a dismissal complaint. The decision of the Work: The work Court Wuppertal (judgment v. 08.03.2010, 1 CA 2434/09) the extraordinary termination invalid declared the ordinary termination thought it was however effective. The reasons for the decision and others argued that the employer compliance with the notice period was reasonable because there have been no serious failures of the employee. However, the ordinary termination is effective because of the negative health forecast.
Against the workers appealed with the aim that it explains also the ordinary termination ineffective. The decision of the Labour Court: The Court of appeal saw no grounds for future unacceptable occupational impairment in continued employment of the employee. So, no significant losses due to illness of the employee in the past would have prevailed. Also could be not assumed a constant performance inability of the plaintiff. The employers have the argument of the applicant, that in the incident, the eventually led to the cancellation, only alcohol-based cough syrup have taken to themselves, can not refute. The alcohol relapse is further described in the process had not resulted in absenteeism of the complainant. Lawyer Tobias Ziegler, lawyer specializing in labour law from Dusseldorf, explains: In the context of the interests, the Landesarbeitsgericht in favor of the employees took into account including its low absenteeism in the past, his long tenure as well as the age of the claimant. The defendant is expected to continue the employment relationship.” Background knowledge: It requires an important reason for the termination of the employment relationship. The labour courts assess this each case separately. There are no absolute grounds for her dismissal as a result. A termination due to alcoholism is assessed according to the principles of disease-related termination. The termination without notice for any such reason following aspects are critical: negative forecast concerning the expected health status in the future to significant effects on business interests through the forecast absence of interests. Timely termination within the scope of the protection against dismissal Act, the employer must have checked whether the disease will lead to future, undue operational problems. This can be derived from the absence due to illness of the employee in the past. Employers should act anyway, not rush, but seek prior to Declaration of cancellation advice from a specialist lawyer for employment law. Workers must observe after receipt of a notice including that they not too long reluctant to leave, whether a lawsuit against the dismissal has chances of success check. So, the time limit for making a complaint of dismissal is only three weeks after receipt of the notice. (Specialist lawyer for employment law Tobias Ziegler, Dusseldorf)