Caritas rescinds midwife's dismissal for leaving the church
The midwife was already employed at the hospital from 1994 to 2014. During this time, she belonged to the Catholic Church, but then left in September 2014. In 2019, she applied again for a half-time position at the same hospital. Church membership was not an issue at the interview.
She then received the employment contract by post, which had already been signed by the employer, and an enclosed personnel questionnaire. There she truthfully stated that she had left the church. She then handed in the countersigned employment contract and the questionnaire together to the hospital.
The new employment contract began on April 1, 2019, and it was only during the course of April that the HR department noticed that she had left the church several days after the employment relationship began. After various discussions in which the midwife explained her resignation and refused to rejoin, Caritas terminated her contract on July 26.
The midwife's lawsuit was initially successful before the Dortmund Labor Court, but was dismissed by the Hamm Regional Labor Court. The BAG referred the dispute to the European Court of Justice (ECJ) in Luxembourg. There, the EU judges probably made Caritas aware of its low chances of success.
In any case, it acknowledged its defeat even before the ECJ delivered its judgment. The proceedings in Luxembourg have therefore been annulled. In its acknowledgment judgment, the BAG has now determined that the woman's employment relationship continues to exist.
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- The midwife's termination by Caritas sparked a legal dispute that ultimately reached the Federal Labor Court (BAG).
- Due to her past departure from the Catholic Church, the termination of her employment relationship became a contentious issue.
- The midwife argued that Caritas had violated her rights by terminating her contract because of her religious beliefs.
- The lower courts initially ruled in her favor, but Caritas appealed to the BAG, citing the terms of their employment contract.
- In light of the BAG's acknowledgment of her continued employment relationship, the midwife may now have the opportunity to challenge the termination once again.
- If successful, she could potentially be reinstated to her position at the Catholic-affiliated hospital, Caritas.
Source: www.stern.de
