There was a curious case in Germany recently: a boat was hired for the company party, which sailed on the Rhine. There was alcohol and the atmosphere was good and relaxed.
However, one of the trainees obviously didn't know his limit, stripped down to his underpants, jumped into the water, swam around the ship and climbed back on board, where he ran around soaking wet among his colleagues.
The next day, he was dismissed without notice for a breach of duty relating to the employment relationship, against which he successfully defended himself in court (see case of the Düsseldorf Higher Labor Court of 18 July 2023, file no: LAG Düsseldorf Az. 3 Sa 211/23; https://www.lag-duesseldorf.nrw.de/ and was able to save his employment relationship. Why was the dismissal invalid? -Because it was not the mildest means of deterring the trainee from similar behavior in the future and making it unmistakably clear to him that such behavior is unacceptable. The court did consider it proven that the trainee's behavior was likely to disturb the peace at the company. However, a warning must at least be issued before dismissal, which is placed in the employee's personnel file. Only if the harmful behavior is repeated could the employee be dismissed.
It is important to know that termination without notice due to serious misconduct is possible, but the requirements for this must be higher than in the present case. So, as is so often the case, it depends on the individual facts in a case. To be on the safe side – know your (alcohol) limit.
I publish interesting questions about German employment law judgements on this blog regularly. If you need special advice tailored upon your individual case, don't hesitate to get in contact with me.
photo / source: own