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Attorneys at Law Hannover
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Georgstr. 48
30159 Hannover (Headquarter)
Germany
Fon +49 511.35 73 56-0
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Attorneys at Law Berlin
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Wittestraße 30 K
13509 Berlin
Germany
Fon +49 30.403 66 69-00
Fax +49 30.403 66 69-09
berlin@onlineattorney.de
 
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Attorneys at Law Bielefeld
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Herforder Str. 69
33602 Bielefeld
Germany
Fon +49 521.43 06 06-60
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bielefeld@onlineattorney.de
 
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Parkallee 117
28209 Bremen
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Fon +49 421.33 11 12-90
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Attorneys at Law Düsseldorf
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Grafenberger Allee 293
40237 Düsseldorf
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Fon +49 211.97 26 95-00
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duesseldorf@onlineattorney.de
 
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Mainzer Landstraße 50
60325 Frankfurt
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Fon +49 69.380 79 74-20
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frankfurt@onlineattorney.de
 
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Colonnaden 5
20354 Hamburg
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Fon +49 40.882 15 83-10
Fax +49 40.882 15 83-19
hamburg@onlineattorney.de
 
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Landshuter Allee 8-10
80637 Munich
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Fon +49 89.250 07 90-50
Fax +49 89.250 07 90-59
munich@onlineattorney.de
 
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Stockholmer Platz 1
70173 Stuttgart
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Fon +49 711.99 58 55-90
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stuttgart@onlineattorney.de
 
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Patent Attorneys Vienna
 
Trauttmansdorffgasse 8
1130 Vienna
Austria
Fon +43 1.876 15 17
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vienna@onlineattorney.de

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The judgement of the Labour Court Hanover of 1st December 2000

1. The claim is dismissed.

2. Legal costs are to be borne by the plaintiff.

3. The value of the matter in dispute amounts to DM 28,000.00.

The parties to the dispute argue about the validity of a dismissal, over further employment and about the employee pension scheme.

The 35-year-old childless plaintiff had been employed by the defendant since 1st January 1999 in the department “Press and public relations”. The defendant is a youth sports association. The plaintiff’s workplace was equipped with a computer with access to the internet. The plaintiff also had a possibility to place web sites in the internet.

When the defendant accessed the computer at the plaintiff’s workplace the defendant found explicit data. In an in-depth control 2790 pictures and video data with pornographic content amounting to 296.63 MB were found on the hard disk of the plaintiff’s computer. The data had been saved to the disk during the plaintiff’s working hours. The plaintiff admitted to having put the home page (…) on the internet and to having saved the pornographic data to the hard disk. As a consequence the defendant terminated the employment agreement without notice for grave cause.

The court dismissed the claim since it was in part inadmissible and in part unfounded.

In the court’s opinion, the defendant had numerous relevant reasons for an extraordinary termination of the employment agreement. The plaintiff had infringed his duties by for example using the computer for private purposes, also during his working hours, downloading numerous pornographic photos from the internet and saving them to the defendant’s hard disk, taking advantage of his internet access to compose a web page with sexual contents. Although the above infringements vary as to their seriousness, together they constitute an important ground within the meaning of § 626 (1) of the Civil Code, enabling the defendant to the extraordinary dismissal.

 

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