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mouth at the supermarket is now allowed?

Tough times for a discount store and supermarket owners


The case Emmely

The BAG is the Judgement in his 10th June 2010 - 2 AZR 541/09, the claws on the supermarket checkout now officially approved through the back door. At the very least, employers are required to under the so-called "Emmely verdict" to the idea that as suggested by the BAG, a cashier may be terminated only for dishonesty, if it has already received for this offense a warning.

In other words, a cashier can do now reasonable hope that a face-up "Missing" handle will remain in the fund initially without direct consequences.

dishonesty without consequences?
layoffs of cashiers are only with "good cause" be possible. A Bagatelle damage is referred to in this sentence is not an important reason. Whether a "good cause" exists, must be assessed "in all the circumstances, the sum of the damage and service in the particular case
be the theft, or unauthorized redeem coupons touched in the case Emmely at Tengelmann Although the core of the work tasks of a cashier and thus, despite the low value of the coupons, the trust of the parties objectively significant burden, but finally in balance with the long tenure handed the BAG is not the termination of the agreement. This know both the police investigators as well as detectives from experience that there are in almost all cases of employee fraud is precisely the long-term employees who cheat.


As part of the consideration was "Emmely case" on the relatively minor economic damage the defendant to take care so that a warning would have been a less restrictive measure against a dismissal appropriate and sufficient to cause a trouble-free again in the future course of the employment relationship.



theft or Bagatelle?

labor courts and state industrial tribunals will no doubt push because of the above, not proportionate to the side and the dismissals in cases with long seniority and minor economic damage per se deemed to be ineffective. The crucial question will be up to what level are the courts as a fraud case Bagatelle . Denote

Many employment lawyer would have rather preferred a BAG of conservative values that a fraud is a fraud, no matter how high the amount.

Pyrrhic victory for the union?
The joy of the union of these BAG Emmely verdict in the case could soon turn into the opposite. The supermarket owners are worrying about how the money can be protected in the box office before the unauthorized access of personnel. Self-paying and self-service checkout terminals will be installed flächend faster than loving the unions will be. (See Ikea and Shell)


Voluntary self-regulation to maintain employment?
A voluntary self-regulation in cash, with a preventive cash-video monitoring of cash-Plus or even the use of intelligent video software Kassko could be a way out for cashiers, trade unions and business owners to get the job continues. More at http://www.kassko.de/



Walter C. Dietrich


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