The desk drawers weren't locked? This may sound like a trifle at first. However, if a breach of duty is already preceded by several warnings, termination may be justified.
Even minor negligence - such as a breach of instructions on data protection - can lead to warnings in the employment relationship and ultimately to termination. This is shown by a judgment of the State Labor Court of Saxony (Az.: 9 Sa 250/21).
The court heard the case of a loan officer. A guideline on information security (clean desk policy) applied at her workplace. It stipulated, among other things, that
Because she repeatedly violated the guidelines, the employee received several warnings. The final reason for the termination was that the employer discovered during a move that the employee had not properly locked her desk drawers with sensitive customer data.
The employee opposed the dismissal. Unlike the previous instance, the LAG Sachsen rated the dismissal as proportionate. The woman had violated the main obligations of her employment contract.
According to the court, taking into account the previous warnings, these are overall serious breaches of duty. The employer was not obliged to first issue a further warning. In addition, a warning could be proportionate even in the case of a first-time and only slight breach of duty. The careless mistakes and negligence of the employees are to be regarded as endangering the existence of the company.
