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If an employee intentionally locks his colleague in the toilet for a long period of time, he can be dismissed without notice.
According to a statement on Wednesday, the Siegburg Labor Court decided that and dismissed a warehouse clerk's dismissal protection suit.
The man reportedly had quarrels with his colleague before.
When he was in the toilet, the plaintiff pushed a sheet of paper under the door, pushed the inside key from the lock onto the sheet with an object and thus pulled it out.
The plaintiff did not let his colleague out until he finally entered the door.
(AZ: 5 Ca 1397/20)
The judges ruled that the employer rightly terminated the man without notice.
By taking the key from his colleague “by an old trick”, the plaintiff deprived him of his freedom at least temporarily.
This constitutes a very significant breach of duty. In addition, the toilet door, ie the property of the defendant, was damaged by the behavior of the plaintiff.
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A previous warning was not necessary in this case.
The employer cannot be expected to continue to employ the plaintiff until the end of the normal notice period.
The decision is not yet final.