Unlawful Admonition Issued by FU Staff Member Holds No Ground in Legal Standing - Unlawful Reprimand of Faculty Member at Free University Not Upholdable in Court
The Berlin Labor Court recently ruled that a warning issued to a Free University of Berlin (FU) employee was unjustified, according to court documents. The employee, who was also an active member of the Verdi union, received the warning following a critical online call.
The disputed call accused the university of actions that allegedly violated collective bargaining agreements, undermined co-determination, and displayed undemocratic behavior. However, the court has not yet released the final verdict, as the university plans to appeal the decision.
The FU declined to comment on the ongoing proceedings, citing the need for confidentiality. The Berlin-Brandenburg State Labor Court has yet to set a date for the case. However, it is expected to hold an oral hearing on July 2nd for a similar case. In that case, the court ruled that a warning issued to an employee was lawful.
The legal dispute revolves around a call from the Verdi works council, to which the plaintiff employees belong. In the call, the university was accused of promoting a right-wing shift and the emergence of the AfD through actions deemed to be a violation of collective bargaining agreements, hostile to co-determination, and undemocratic.
The employee received the warning at the beginning of March 2024, as the university claimed the employee's statements contained defamatory criticism, violating the duty of loyalty in the employment relationship. However, the Labor Court found that the employee had not violated any duties. The court ruled that the statements were considered value judgments within the legally permissible framework.
- The ongoing legal dispute in EC countries, including Germany, centers around the rights of employees in vocational training and education-and-self-development, as a court ruling recently addressed a warning issued to a Free University of Berlin employee who defended collective bargaining agreements and co-determination, topics that intersect with politics and general news.
- Despite the Berlin Labor Court ruling an initial warning issued to a Free University of Berlin employee as unjustified, the university is planning to appeal the decision, which could have implications for vocational training policies and the balance between employees' rights and political speech in academic institutions across EC countries.
