Dismissal Without Notice for Private Use of Work Computer Effective in Germany
Unauthorized private use of a work computer can justify dismissal without notice. That was the verdict of the Landesarbeitsgericht (LAG) Sachsen-Anhalt [Regional Labour Court of Saxony-Anhalt] in its ruling of May 26, 2016.
Private use of a work computer often gives rise to disputes relating to employment law. While it may be tempting for a lot of employees to make use of their work computer for private purposes, if they do so without their employer’s permission then they run the risk of being fired. According to a judgment of the LAG Sachsen-Anhalt from May 26, 2016, this can even result in dismissal without notice (Az.: 6 Sa 23/16).
In the instant case, an employee had apparently used his work computer to make private pirated copies of DVDs and CDs. Based on a number of indications, the LAG took the view that the work computer had been used to copy the files onto blank disks that also belonged to the employer. The Court held that this represented a substantial breach of duty by the employee that permanently destroyed the relationship of trust between employer and employee. It went on to say that the only outcome of a comprehensive weighing of interests would be to the detriment of the employee on account of his substantial breaches of duties. The Court therefore ruled that the employer’s notice of dismissal with immediate effect was effective and rejected the employee’s action for wrongful dismissal, thus overturning a decision of the Arbeitsgericht Halle (Labour Court of Halle). The Bundesarbeitsgericht, Germany’s Federal Labour Court, delivered a similar judgment in a similar case last summer, ruling that unauthorized use of a work computer by an employee could justify his employer terminating the employment contract with immediate effect (ruling of July 16, 2015; Az.: 2 AZR 85/15). Certain conditions need to be met in order for dismissal of an employee to be effective, especially in the case of dismissal without notice. The latter may be justified, e.g. if the employee significantly breaches his duties. When it comes to matters pertaining to employment contracts, notices of dismissal etc., employers can turn to lawyers who are experienced in the field of employment law. ABOUT THE AUTHOR: GRP Rainer LLP GRP Rainer LLP is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London UK. Copyright GRP Rainer LLP More information about GRP Rainer LLP Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.