Otto Bock: Labor court rejects appeals of three works council members

Works council members had previously interfered with the company's operations on several occasions

The Labor Court has dismissed the appeals of three dismissed works council members at the Otto Bock plant in Duderstadt. The court confirmed the termination of their employment contracts.

The three works council members had refused to comply with numerous instructions from the company management for operational reasons in a targeted manner. The works council members had repeatedly hindered the company's operations, causing considerable economic damage to the company

In accordance with the Works Constitution Act, the employer and the works council are obliged to cooperate in a spirit of mutual trust. This presupposes that the works council members fulfill their duties and act in accordance with the law. In the present case, however, the works council members had grossly violated this obligation. Therefore, the termination of their employment contracts was justified.

The labor court's decision is a clear signal to works council members that they cannot abuse their office for personal or other purposes. They must act in accordance with the law and in the interests of the employees and the company. Otherwise, they must expect consequences.

Background

The Otto Bock plant in Duderstadt produces medical technology. The company employs around 1,000 people. In recent years, the company has been facing increasing competition from abroad. In order to remain competitive, the company has had to implement numerous restructuring measures. These measures have also affected the works council. For example, the number of works council members was reduced from 13 to 9.

The three dismissed works council members had repeatedly obstructed the restructuring measures. They had refused to comply with instructions from the management for operational reasons and had also spread false information about the company. The company had therefore dismissed the three works council members.

Legal proceedings

The three works council members filed an appeal against their dismissal with the labor court. The court dismissed the appeals. The court found that the works council members had repeatedly obstructed the company's operations. The works council members had also spread false information about the company. The court therefore confirmed the termination of their employment contracts.