A dispute between the employer and husband of an employee does not justify dismissal of the wife, ArbG Aachen 30.09.2015 - 2 Ca 1170/15

The employee had been working as a medical assistant in an orthopaedic practice since 01.04.2014. On her birthday, she received a gift card from her employer, with which she was also praised for her work. The employer and the employee's husband concluded a contract for work for renovation work. On 17.03.2015, a dispute arose between the parties to the contract for work and services regarding the renovation work and the invoiced costs. The employer accused the employee's husband of choking, kicking and hitting him. Following this dispute, the employer dismissed the employee and justified the dismissal in the proceedings with the quarrel, among other things.

The Aachen Labor Court upheld the claim. It deemed the dismissal to be invalid, as the strained legal relationship between the husband and the employer must be kept strictly separate from the employment relationship. Possible misconduct on the part of the husband was not attributable to the employee and therefore could not serve as justification for the dismissal.