Not punched out – fired without notice for a 10 minute coffee break

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Due to a 10 minute coffee break, a German cleaner was thrown out by her employer without notice. She had not clocked herself out and taken unlawful breaks during her work hours, according to the reasoning. The woman sued against it – and now lost in court.

A particularly explosive employment law case is currently causing a stir in Germany – the 64-year-old cleaner started work at 7:20 a.m. on October 8, 2021 – at 11:05 a.m. she went home. The woman officially fulfilled exactly the working hours that were given to her.

Pause was not allowed
But with one minor exception: around 8:30 a.m., she met another person at a nearby coffee shop for a break, but didn’t tell the employer. As German media quote from the court documents, she is said to have stayed there for “at least ten minutes”.

Unfortunately, her boss discovered her from his car during the unauthorized break – but when asked about it later, the woman denied everything. Even after repeated inquiries, she stuck to her version of the story – it wasn’t until her employer claimed to have photographic evidence that she admitted drinking coffee there.

After eight years of work, it was over
The result: dismissal without notice for the 100 percent severely disabled woman – after eight years in the company, her employment relationship ended. The cleaner would not put up with it and complained. The regional court in Hamm (North Rhine-Westphalia) now agreed with her employer.

Even a single violation is enough for dismissal
Termination without notice can therefore take place in the event of fraud involving working hours – even if it is only a one-off offence. This also applies if an employee only drinks coffee for about ten minutes and the electronic time registration does not clock out. According to the verdict, no warning needs to be given if the employee denies and covers up his act.

Apparently the deciding factor was the woman’s behavior – she had simply lied to her employer. The termination remains in effect and the plaintiff must also pay the court costs.

Source: Krone

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