Before issuing a notice of termination, it is often necessary to first issue a warning. In many cases, this takes precedence over termination as the most lenient means. The State Labor Court of Mecklenburg-Western Pomerania has recently pointed this out once again (5 Sa 245/21).
In the past, the employer had permitted the short-term use of company vehicles for private purposes after consultation with the superior. An employee had then used the vehicle without permission because he did not have the opportunity to contact his supervisor at that moment.
The employer took this as an opportunity to terminate the employee’s employment. His action for protection against dismissal was successful before the LAG. The court made it clear that the breach of duty was not so great that it would justify immediate termination. Rather, it was necessary in this case to issue a warning about the breach of duty before issuing the notice of termination.
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