Initial Situation and Subject Matter
Before the Labor Court of Berlin, the effectiveness of a termination issued by the employer was in dispute, which was directed towards the Head of Public Relations of a parliamentary group in the Berlin House of Representatives. The employer based the termination of the employment relationship on the allegation of working time fraud. The underlying facts and the court’s decision are reported below based on the published source (Source: urteile.news, article dated 27.03.2026, available at the link mentioned in the assignment).
Legal Framework: Termination due to Alleged Breach of Duty
Grounds for Termination “Working Time Fraud”
According to labor court jurisprudence, termination due to working time fraud regularly requires a serious breach of duty that can significantly impair the trust relationship. The key factor is whether the employee is accused of making a conscious false statement or other purposeful manipulation at the employer’s expense, and whether this accusation can be substantiated in a process.
Requirements for Presentation and Proof
In a dismissal protection procedure, it must be considered that the employer is required to substantiate the actual circumstances from which the reason for termination is supposed to arise. The court examines whether the accusation of termination (or – in case of a suspected termination – the solid suspicion) is substantiated in the required manner and whether the overall conditions for termination under employment law are met.
Decision of the Labor Court Berlin
Invalidity of the Termination
According to the report, the Berlin Labor Court ultimately declared the termination invalid. Thus, the employee succeeded with her lawsuit against the termination.
Assessment of the Judicial Evaluation
According to the source, the focus was on the legal viability of the alleged working time fraud regarding the grounds for termination. The court concluded that the conditions for a valid termination of the employment relationship on this basis were not met.
Procedural Status and Reporting Note
As far as can be gleaned from the source, this is an employment court decision that legally evaluates the specific disputed termination accusation. The depiction follows the mentioned publication; for the actual backgrounds, it applies that employment court procedures are typically characterized by conflicting accounts from the parties. Therefore, when evaluating accusations, the respective procedural status and the court’s determination must be considered; a determination beyond the court result is not associated with this.
Significance for Employment Law Disputes
Disputes over terminations due to alleged breaches of duty are regularly situated in the tension between contractual loyalty obligations, documentation and evidence-related requirements, and whether the trust basis of the employment relationship can be considered sustainably impaired. The decision of the Berlin Labor Court highlights – with respect to the reported individual case – the importance of a careful legal assessment and a solid factual basis in a dismissal protection process.
Contact for Employment Law Issues
MTR Legal Attorneys accompanies companies, investors, and affluent private individuals as an internationally oriented full-service business law firm, also in employment law issues related to termination grounds, compliance-related matters, and conflict-laden separation situations. Further information on Legal Advice in Employment Law can be found on the MTR Legal website.
