Regional Labor Court - Private car charged at company socket: Agreement
A hotel specialist has lost his job at a youth hostel because he charged the battery of his private car at a company socket. However, he will now receive a severance payment following a lawsuit. His employer had dismissed him without notice. On Tuesday, the Regional Labor Court in Düsseldorf ruled that charging a private vehicle at the employer's expense without permission is indeed grounds for dismissal. However, for the offense in question, which involved 40 cents worth of electricity, a warning would probably have been sufficient (Ref.: 8 Sa 244/23).
As the relationship between the employer and employee was strained, the court advised a settlement, which the parties to the dispute then agreed on: the receptionist received 8,000 euros in severance pay and did not return to the job. He now works for a temporary employment agency as a janitor.
The plaintiff had previously worked at the reception desk of a youth hostel. During the late shift, he had charged his hybrid car at a 220-volt socket in the corridor of a seminar wing, although this was forbidden according to the house rules, as the employer had argued. However, the court found that these house rules only applied to guests.
The court had doubts as to whether it could be assumed that loading was unauthorized. The plaintiff had claimed that the deputy manager had allowed him to store, but she had denied this. In addition, the charging of other electronic devices belonging to employees had been tolerated.
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- The dispute originated in North Rhine-Westphalia, specifically in Düsseldorf, where the Regional Labor Court is located.
- The employer, who operated a youth hostel, had strict rules against charging private vehicles at the company sockets, a rule that was primarily intended for guests.
- Despite this rule, the plaintiff, who had previously worked as a receptionist at the youth hostel, charged his hybrid car at a 220-volt socket, which led to his dismissal without notice.
- Although the Regional Labor Court ruled that charging a private car at the employer's expense without permission could lead to dismissal, they suggested that a warning might have been sufficient considering the value of the electricity consumed (40 cents).
- Post-dismissal, the plaintiff found employment with a temporary employment agency, working now as a janitor in Germany, further distancing himself from the incident at the youth hostel in North Rhine-Westphalia's Düsseldorf.
Source: www.stern.de
