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An example: The case of Mr. Q.3

An example: The case of Mr. Q.3

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The legal dispute ultimately ended negatively for Mr. Q. The court ruled that Mr. Q. could be dismissed extraordinarily and without notice even though as a member of the works council he could not be dismissed in an ordinary manner unless they agreed. Although they did not agree and despite that he had stopped his actions upon Ms. P. demand, such an extraordinary dismissal was deemed lawful. Read the court's reasoning in detail in the following picture.

„Mr.Q., the unsolicited sending of pornographic videos renders a prior warning unnecessary and justifies an extraordinary termination. It is irrelevant how you wanted your behavior to be understood or how you yourself assessed and felt about it. It is objectively discernible that you have sexually harassed Ms. P. Sexual harassment on its own is prohibited by law which is why the person concerned did not have to approach you beforehand and specifically reject your actions. You should have ensured beforehand that Ms. P. agreed with you.“



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