German court: immediate termination due to false vaccination card is correct

Due to the fact that he falsified his vaccination card, the kitchen arrangement consultant lost his job. The judges at the Düsseldorf Labour Court found the decision to be correct.

“High degree of criminal energy”

Falsification of vaccination cards has repeatedly had consequences for employees. One of the more famous examples is former Werder Bremen soccer coach Markus Anfang. Now, labor judges in Düsseldorf have decided that employees can be dismissed immediately without notice “for good cause,” which could be the presentation of a false vaccination card. Such behavior demonstrates “a high degree of criminal energy that permanently disrupts the relationship of trust” with the employer, the court reasoned in a recently published judgment dated February 18, 2022. (file reference: 11 Ca 5388/21). Therefore, an admonition is not necessary.

A colleague had identical vaccination batches in his certificate

The kitchen arrangement advisor was rightfully dismissed with immediate effect. In Germany, the “3G rule” in the workplace was introduced into the Infection Protection Act on November 24, 2021. If employees come into contact with other people, they must be vaccinated against coronavirus or must present a certificate of recovery or at least show a negative test result.

The plaintiff previously stated that he did not want to be vaccinated. The day before the regulation went into effect, the man presented a copy of his vaccination card, which showed that he had received two doses of the vaccination. However, when the employer took a closer look, it discovered that another colleague had been vaccinated with the same batches of vaccine, but on a different day. The kitchen arrangement consultant then admitted to falsifying the vaccination card.

The employer fired the man immediately, without notice. The employee took the matter to court. He explained that for many years his employment relationship had been trouble-free. A warning would have sufficed. Just because he presented a false vaccination card, it cannot be inferred that he did not want to be tested before starting work. The man said he was not even aware of the introduction of the 3G rule.

Reason for immediate termination of employment

The judges in Düsseldorf saw the case slightly differently: they ruled that the employer was allowed to terminate the plaintiff’s contract without notice, without a prior warning “for good cause.” The presentation of a false vaccination card is a reason for immediate termination of employment. The plaintiff intentionally disregarded his statutory duty to provide proof of vaccination. By doing so, he increased the risk of other employees becoming ill and accepted loss of work and production due to possible quarantine.

The fact that plaintiff presented a false vaccination card the day before the 3G rule went into effect only allows the conclusion that he did not want to be tested either. The 3G rule was highly publicized in the media. Plaintiff should have known about it. An admonition was not necessary here. Since the employee exhibited “high criminal energy,” the employer could not be expected to continue the employment relationship.

Source: www.spiegel.de

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