Dresden (dpa/sn) - The Dresden Labor Court has classified the unpaid leave of absence of an employee of a retirement home as unlawful due to the lack of a corona vaccination. In this specific case, it was about a cook who had not presented her employer with any proof of vaccination or recovery last spring. As a result, she was suspended with reference to the facility-related obligation to vaccinate. As a result, she did not receive any wages until the end of the year, a court spokeswoman said on Friday. The labor court classified this as illegal and ordered the employer to pay the woman the amount of more than 18,000 euros gross.
The chamber takes the view that, according to the law, a distinction had to be made in the employment ban - between existing employment relationships and new hires, it said. Accordingly, in the case of the cook, the employer would only have had to notify the health department, but not release the woman unpaid. (Az. 4 Ca 688/22)
The woman's lawyer, Carsten Ullrich, spoke of a "first groundbreaking judgment" in Saxony in connection with the facility-related compulsory vaccination. Since January 1, she has been working regularly again in the nursing home in Saxon Switzerland. The obligation to vaccinate employees in clinics and nursing homes against the corona virus expired at the end of 2022.
According to the information, the judgment is not yet final. The deadline for appeals is the end of February.
