Extremism - Participation in Potsdam meeting not a reason for dismissal
The participation in the Potsdam meeting about "Remigration" does not justify an extraordinary termination according to a court ruling. The dismissal against Simone Baum, one of the attendees, by the City of Cologne is invalid, according to a statement by the Labor Court Cologne. An appeal can be filed against the judgment at the Higher Labor Court Cologne.
The 64-year-old has been employed by the City of Cologne since the year 2000 and was most recently the central contact person for the complaints department in the Environmental and Consumer Protection Office. She participated in the meeting in Potsdam on November 25th of the previous year. The city issued several extraordinary dismissals in response. The city justified this by stating that Baum had violated her loyalty duty towards her employer by participating in the meeting with alleged right-wing participants and discussing remigration plans.
No increased political loyalty duty
The Labor Court, however, decided that the participation alone did not justify an extraordinary termination. From the participation, it could not be inferred that Baum "found herself in inner agreement with the content of the contributions." No accusations of advocating for unconstitutional goals through spoken contributions were made against her.
The court saw only a simple and not an increased political loyalty duty in Baum. The degree of loyalty and loyalty to the public employer depends on the position and the task of the respective employee. An employee owes only such a degree of loyalty that is necessary for the proper performance of their duties. This simple loyalty duty is only violated by behavior that is aimed at actively promoting or realizing unconstitutional goals.
The City of Cologne has not yet decided whether it will appeal the judgment. "As soon as the judgment with the reasons is served, it will be examined, in particular with regard to the prospects of success of a appeal procedure," a spokeswoman said. A settlement between the parties had not been reached beforehand.
Correctiv Media reported on the conference of the radical right in Potsdam. AfD politicians and individual members of the CDU and the very conservative Values Union participated in the conference. The former head of the Identitarian Movement in Austria, Martin Sellner, confirmed to the German Press Agency that he spoke at the "Remigration" conference. When right-wing extremists use this term, they usually mean that a large number of people of foreign origin should leave the country – also under duress. According to Correctiv, Sellner named three target groups: asylum seekers, foreigners with residence permits, and "non-assimilated citizens."
- The court ruling in North Rhine-Westphalia clearly stated that Simone Baum's participation in the "Remigration" meeting in Potsdam does not warrant an extraordinary termination from her employment with the City of Cologne.
- Despite the city's justification for Baum's dismissal based on her alleged violation of loyalty duty, the Labor Court in Cologne deemed her participation in the meeting as simple political loyalty duty, not an increased one.
- In the Potsdam meeting, which attracted right-wing participants, Baum did not advocate for unconstitutional goals, as no accusations were made against her in this regard.
- The City of Cologne is considering an appeal against the court ruling, as the judgment with reasons has yet to be served, and they are evaluating the prospects of success in an appeal procedure.
- The controversial "Remigration" conference in Potsdam was attended by AfD politicians, CDU members, and the former head of the Identitarian Movement in Austria, Martin Sellner, who confirmed his participation and discussed target groups like asylum seekers, foreigners with residence permits, and "non-assimilated citizens."
