The German Federal Labour Court recently addressed the issue
whether stalking colleagues can justify a dismissal without
In the case under review, a colleague had already complained
about the plaintiff in 2007. Thereupon the employer ordered the
plaintiff not to contact her, neither in a business nor private
capacity, and to respect the colleague's corresponding wish. In
2009 another colleague complained, alleging that the plaintiff was
bothering her in an unbearable manner (i. a. by calls and visits to
her office, numerous emails and text messages). After having heard
both sides, the employer terminated the plaintiff's employment
The Court held that, in general, the violation
of a colleague's expressed wish to refrain from private
approaches and the violation of her private sphere can justify a
dismissal without notice. However, in some cases - depending on the
special circumstances - it might be necessary to issue a previous
The lesson? To ensure enforceability employers would be well
advised to issue a warning prior to a dismissal without notice for
reasons of stalking, since the Courts could find that it was not
dispensable in the given case.
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