Entitlement of a nurse not to be assigned to the night shift for health reasons. BAG 09.04.2014 - 10 AZR 637/13

The Federal Labor Court's ruling was based on the fact that a nurse was no longer able to work the night shift for health reasons because she was being treated with medication. The medication to be taken caused the employee to fall asleep. A company medical examination had also shown that it was not possible to work night shifts, whereupon the nurse was sent home by the head of nursing, stating that she was unfit for work. The employee informed the employer that she was not unfit for work and was able to work all shifts. She was only unable to work the night shift. With her lawsuit, the nurse pursued the goal of obliging the employer to assign her to all shifts except the night shift.

The Federal Labor Court ruled that the employee was entitled to employment without night shifts. The employee can continue to perform all the work of a nurse to the full extent. The night work only concerns a subordinate part of the work performance. The hospital's obligation arises from the right to contractual employment in conjunction with the general right to privacy. The employer is also obliged to organize the duty rosters at its reasonable discretion. When exercising its discretion, the employee's health impairment must be taken into account. There were also no special interests or complaints from other employees. The principle of equal treatment was not violated, as this principle requires that different circumstances be treated differently.