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"Not only the German justice is incorruptible! All over the world can be tempted with the largest sum of money no more judges to administer justice. "
Bertolt Brecht
Artur K., a victim of bullying and his case
Artur, K.
The history
Mr Artur K. has worked for 15 years in a company with enthusiasm. But then he got a new boss. Then it went downhill. After 16 years of service with the company he once very important personal reason - medical visit his disabled daughter - refused on the uncoated valid as the maximum daily working time to work. As a consequence of him two warnings were issued. Mr. Arthur K. legally caught on to defend themselves against the warnings. The company refused everyone - from comparison - as well as non-judicial court. During this time he was further harassed by superiors massive. In the works he found no support for the "bogus council" made common cause with the management against the workers. Even the manager was a member of the council. There were court dates goodness - no resolutions - takes place. Mr. Arthur K. was the bullying of the manager remains suspended.
articles
He knew no more to help. On the Internet he found a large contribution from a German magazine on the topic of "bullying". Almost everything that was there described as bullying, has been done to him in the months before that. Mr. Arthur K. hoped that the supervisor read it, and decrease the pressure and harassment. Unfortunately, in his psychological distress, referred he is not in an email to the manager targeted on a specific contribution, but without comment on the whole publication, and there are also titles such as "My boss is a pig." The titles were a bit provocative, but the underlying text is completely neutral and not the examples described with its problems comparable. That same week he received a notice without, post-dated resignation.
They arise after
In the following months only spoken of insulting his superior as a ground for termination. Only about half a year after the termination came the accusation of self leave. In an insidious combination by management, the works council and a lawyer was even (later in his opinion) a letter prepared for the council hearing.
The unfair dismissal
In unfair dismissal, the "reasons" for termination: superior offense and alleged self leave isolated from the events before treatment. The process was suspended because of the warnings and it should be decided after the dismissal procedure. The pleadings was even a "Chronology of a bullying - if" attached. Nothing has been taken into account in its defense.
Mr Artur K. has just - as a mixture of desperation, call for help and self-defense - a publication of a large reputable magazine, were described only in the abstract people, pointed discreetly. Has been decided by the courts as if he had told the boss to his face that he was a pig. Mr. Artur K. has lost all hearing about all instances.
His last attempt
That a reference to a contribution from a large reputable German magazine is a valid ground for termination without notice of all the consequences, so he had to resign. However, the hard times before - which was not considered in the judgments - was not legally processed and charged him still. Despite all the setbacks he had relied on the rule of law and its institutions. He had sued the former employer in December.
The Labour Court
The suit was dismissed by the Labour Court. In the "Reasons" takes the court (more precisely, the judge) only a few points on the action. For example, was not admitted to a personal interview a person of trust, which was a violation of the Labor Management Act, not in the reasons mentioned. In brief, Mr. Arthur K. offered to the person who had to stay outside the door to summon as a witness. Had ignored the court (the judge). So
may disregard the company, the Works Constitution Act!
The works
The Chairwoman was more than a year before the escalation of the conflict, informed demonstrated the problems between Mr. Arthur K. and the supervisor. The council president did nothing. Back when Mr. Arthur K. once rejected for a very important personal reason had to work beyond the maximum daily working time ", since it was the council chairman, who told me that he had a choice between an immediate termination and two warnings with an apology. This failure to render assistance, the court - like many other arguments - ignored.
more harassment
Mr. K. on the "powder keg" sit let, then, was not to render assistance.
In his application, Mr. K. had described in detail how the new boss from the day of his inauguration he disadvantaged and marginalized, until he finally as Dipl.-Ing. of Electrical Engineering, only the status of an "errand boy" had. At his request the appraisal interview him to name a few products in which it should be incorporated exactly, was the superior in the assessment of "technical orientation is missing." Work which Mr. K., and like to do well, could have been kept away from him. He should then run another without prior training.
All this was for the court not harassment.
With the cancellation was Mr. K. not even noted that he register as unemployed - yet another of our duty of care.
A company should thus be not even a minimum level of duty of care to be observed!
quality
date as January at finish time was horrified by the judge of a completely unnecessary, for Mr K. singular force bullying - statement.
was in case the bullying - a statement suddenly "adequate resources". Why were these "adequate resources" for Mr K? For 16 years we went without! For Mr. K. was subject to special rules. The content of his action was interpreted incorrectly in the ground.
warning
As in the case against the company, the warning came, one or two business days after that was communicated to Mr. K. that suddenly against the plans of the preceding months, he should get a new company car. As justification for this change, the company hid behind a supposed non-leasing proposal submitted. From the temporal relation can be seen that the waiver was a new vehicle is not only an act of revenge, but a part of the effect of a dismissal without notice.
is the reasoning of the Court of the temporal context, completely ignored and interpreted the text of the action wrong.
The fact that the workplace after his dismissal was not re-occupied by, in the grounds of any attention.
This list could go on, Mr K. still some pages.
Three warnings
Mr Artur K. has received three warnings: The first warning was
: Coated reaction because he had refused to work beyond the maximum daily working time.
The second warning was: fictional, to make it more tractable.
The third warning was: designed as preparation for the termination.
The method because of the warnings was suspended following the dismissal by the court. On the validity of the warnings should be decided after the conclusion of unfair dismissal be. Although it was found in cargo date prior to the release that the first two (the third was declared after) warnings were inadmissible and he was treated unfairly by the employer, these warnings played no role in the dismissal process. Last fall was a court order - without Mr. K. knew something like this - the procedure explained because of the warnings over. Thus, these warnings were an integral part of his professional record and also played in the bullying - procedures do not matter.
As Mr. K. knew nothing of this decision, he left with the firm conviction that the process was still suspended only in the negotiation.
all the more painful it when it needs to read the verdict: "... who has been litigation against these warnings led by the plaintiff declared as completed." and the Order of autumn, including "an employment relationship .... been dissolved, there are basically no interest in bringing more of an action for removal of warnings from the personal file of the employee."
The decision by the fall of 2006 therefore states only that the warnings must be removed from the personnel file. It does not change the fact that they were unfair and were used to prepare the termination.
These warnings come before Mr K., is nothing like one of the guilty, but left for the rest of life is deemed to be offenders.
advice
Mr. K. described the relationship between bullying and its diseases, and added some evidence. The acquisition further advice from doctors and therapists he had offered in his brief. The court was not required. The suggestions made representations and supporting documents for the bullying was related to the disease caused the court to be insufficient.
that had driven the lawyer for the company in the process detected several times against the duty of truth was irrelevant for the court also important.
understands The decision of the Labour Court Mr. K. for as a charter company. As if it would be legitimate:
- warnings with fictitious content pronounce
- to disregard the Works Constitution Act,
- Not even a minimum level of care to comply,
- contribute to Targeted to a dismissal,
- to ignore requests for help
From all
follows:
at the truth, the court was not interested, evidence was ignored, ignored much of the action, others misinterpreted. In the grounds was based on the unproven allegations of the company.
There is a complacency Judgement!
judgments of this kind are the best basis for: political Extremism, vigilantism, shootings, suicide, ....
now demand the company even by Mr. K. that he draw a cease and desist letter and revoke all allegations of the complaint, said what is in the application and subsequent submission, the truth is.
E.2.
An exhibition of bullying
http://www.wenn-keiner-gruesst.de/index_flash.htm
Please contact or support includes:
http://adam-stiftung.de,
http://www . bullying seminare.com, http://www.wir-helfen-uns-selbst.de
http://www.arbeitsrecht-seminare.com,
,
http://milanstation.de;
http:/ / bullying gegner.de
http://www.mein-parteibuch.de
http://www.afa-spd-ahrweiler.de/
http://www.arbeitsplatz-mobbing-suedbaden.de/thread.php?threadid=482
http://www.mobbingstop.de
http://www.skulptur-projekte.de/kuenstler/siekmann/
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