A shrimp sandwich as grounds for termination

Can a half-eaten roll be grounds for termination? The judges of the Hamburg Regional Labor Court had to address this question

A single mother with four dependent children had been employed at a department store chain for 13 years. She worked in the deli department. The store manager saw her chewing something and found a half-eaten roll topped with North Sea shrimp in a corner. She had paid for the roll beforehand, but not for the estimated 50 grams of shrimp salad, valued at €1.50. The company terminated her employment without notice, and alternatively, with notice. The saleswoman contested the decision. The case went all the way to the Regional Labor Court, which ruled that both the termination without notice and the termination with notice were unlawful.

Judges Call for a Milder Sanction

When determining whether a termination without notice is justified, an overall assessment must be made. Factors to be considered include the severity of the breach of contract, the degree of fault, the risk of recurrence, as well as the duration of the employment relationship and its history of smooth operation. In the present case, it was viewed positively that the plaintiff did not act in secret and that she immediately admitted to not having paid for the crab salad. In the judges’ view, the latter casts a milder light on the offense than if she had stolen money from the cash register. They held that a milder sanction, such as a written warning, would have been appropriate and reasonable in this instance. The conduct also did not constitute grounds for termination with notice. This conclusion stemmed from the lack of social justification based on the plaintiff’s personal circumstances.

Conclusion: Theft in the workplace, regardless of the amount involved, should under no circumstances be tolerated. However, judging by common sense, the employer could certainly have reacted differently.