If employees do not exhaust their personal range of services, employers can take action. With so-called low performers, termination is only possible in individual cases.
If an employee demonstrably performs less than others over a longer period of time, this can justify dismissal in individual cases. This is shown by a judgment by the Regional Labor Court (LG) Cologne (Az.: 4 Sa 548/21), to which Haufe.de refers.
The specific case concerned the termination of an order picker in a wholesale warehouse in the field of food logistics. The employer's company agreement defines a basic service for order pickers, which corresponds to the normal service and is remunerated with the basic wage. Since switching to the dry goods department, the employee has not achieved the basic performance of 100 percent in any month. After two warnings, the employer properly terminated him.
According to the court, the employer was able to demonstrate that the plaintiff had underperformed the average performance of comparable employees by well over a third over a longer period of time. The judges therefore considered the dismissal to be justified.
According to the judgment, it is up to the employee to dispute the figures and their informative value in detail or to explain why he is still using his personal performance to the full with his clearly below-average performance.
According to the report, the general statement by the employee that he had been systematically disadvantaged did not convince the court.
(This article was first published on Friday, August 12, 2022.)