Does the termination of the former SAP works council head without notice last? For this, some things must now be negotiated in court. But an out-of-court settlement is still possible.
The dispute over the termination without notice of the former SAP works council boss Ralf Zeiger is going into the next legal round. According to Zeiger’s dismissal protection suit, there was no rapprochement between the two sides at a quality appointment before the Labor Court in Mannheim on Wednesday.
Judge Nikola Lustenberger then announced that she would schedule a first hearing in front of the chamber for December 1st. Then a hearing of evidence could start. As an alternative, an out-of-court settlement would also be possible beforehand – both sides were at least fundamentally willing to discuss this.
The software company accuses its former works council boss Ralf Zeiger of having falsified or deleted internal works council documents – possibly to cover a works council colleague. SAP attorney Barbara Reinhard said that Zeiger, as head of the works council, had been asked to help clarify a compliance procedure against a colleague from the works council committee – there was suspicion of wage fraud. But Zeiger had made the investigation “very difficult, prevented and delayed”, suppressed and deleted emails and falsified works council minutes.
Zeiger’s attorney, René von Wickede, said his client admitted interference with certain documents. But he also reversed this and apologized several times. “There was a very serious will to participate in the investigation.”
A few weeks ago, Zeiger had received termination without notice from the Walldorf-based software company. He had already resigned from his position as head of the works council before that. As a long-time works council chairman, Zeiger still sits on the SAP supervisory board for the employee side – but efforts are being made to have him removed from office there as well.
When it comes to the question of whether the dismissal without notice in court continues, the main legal question is whether the alleged misconduct is internal to the works council – or something that affects the employment contract itself. Works council members enjoy special protection against dismissal.
Jane Stock is a technology author, who has written for 24 Hours World. She writes about the latest in technology news and trends, and is always on the lookout for new and innovative ways to improve his audience’s experience.
