The  Siegburg Labor Court (Judgment of March 17.03.2022, 5, Ref: 1849 Ca 21/21/XNUMX) considered the immediate dismissal of a trainee due to feigned illness in order to “skip” an exam to be effective

    
1. THE FACT

The plaintiff trainee was employed by the defendant company as a trainee sports and health trainer. He failed a school exam. A make-up test (total duration: 2 days) was then scheduled. The plaintiff appeared at the employer's gym on the second day of the exam and presented a certificate of incapacity for work. This also covered both days of the exam. Then (on the same day!) he did some intense strength training. He did not take part in the vocational school exam.

The plaintiff received extraordinary notice of termination for this. He filed a dismissal protection action against this termination. He was initially ill on that day and then recovered spontaneously. The labor court dismissed the lawsuit. The plaintiff can appeal the decision to the Cologne Regional Labor Court.

2. THE DECISION

The Siegburg labor court considered the termination to be effective. The plaintiff simply wanted to avoid scrutiny with the sick note. This represents a significant breach of duty. This circumstance represents a significant breach of duty. The court found the plaintiff employee's statements to be less than credible. Rather, the court was convinced that the employee was never ill. It is unreasonable to continue to employ the plaintiff until the end of the normal notice period. The trainee was also not allowed to assume that the employer would accept the fake certificate of incapacity for work.

3. CONCLUSION 

As an employment lawyer, you sometimes ask yourself: How stupid can you actually be? It takes a lot of imagination to show up at your employer on the day of a sick note, skip an exam and want to spontaneously recover for strength training. The labor court was probably guided by this obviousness and the audacity of the employee in making its decision.