Potsdam labor court – manager of the Oberlinhaus defends herself in court against dismissal without notice
Fri 01/14/22 | 3:25 p.m. | By Lisa Steger dpa/Michael SohnAudio: Antenne Brandenburg | 01/14/2021 | Lisa Steger | Image: dpa/Michael Sohn The termination without notice of the head of the Thusnelda-von-Saldern-Haus may be ineffective. The conciliation date failed on Friday before the Potsdam Labor Court. The background is four murders committed by a nursing assistant there. By Lisa Steger The termination without notice of the head of the Thusnelda-von-Saldern-Haus may be ineffective. After four people were murdered by a nurse in the Potsdam residential home for people with disabilities, the Oberlinhaus diaconal facility fired the home manager. Among other things, employees had criticized serious abuses. The director of the home had filed a lawsuit against the dismissal. A conciliation appointment to end the legal dispute failed this Friday before the Potsdam labor court.
In April last year, the nursing assistant Ines R. murdered four helpless protégés and critically injured another resident in the Thusnelda-von-Saldern-Haus, a residential home for people with severe disabilities. On December 22, the Potsdam Regional Court sentenced her to 15 years in prison, which she must serve in a closed psychiatric ward.
Frightening insights into the Oberlinhaus
In the murder trial against the nursing assistant, colleagues made serious allegations against the employer. They unanimously reported staff shortages. Double shifts were the order of the day. Home residents had been neglected for a long time, often just lying in their beds for days. Again and again, according to the employees, they turned to the director of the home, Heike J., for help. But she brusquely warded off criticism of the abuses: the boss is said to have said several times that anyone who doesn’t make it should look for another job. Employees should “rethink their time management.” Heike J. also testified as a witness. There have always been staff shortages, she confirmed. According to the director of the home, she would have loved to hire more nurses. But the employer – the Oberlinhaus – would not finance more staff.
Oberlinhaus wants to get rid of the director of the home
The Oberlinhaus initially released Heike J., who has been working for the facility for many years. On December 20 – two days before the verdict in the murder trial – she was dismissed without notice. She resisted that. There was now a conciliation hearing in the labor court – which failed.
Termination without notice may be ineffective
Labor judge Hilde Fuhrmann complained that the Oberlinhaus had terminated the long-term employee without notice. She asked the Oberlinhaus lawyer to submit the reasons in writing. The lawyer for the dismissed should then comment on this. In addition, according to Fuhrmann, it is still unclear whether the employee representatives were properly involved. The Oberlinhaus had offered the director of the home to continue the employment relationship, but on different terms; However, Heike J. had refused. The labor court wants to pass judgment on March 9, so the home manager will remain on the payroll until then. According to the lawyers on both sides, negotiations are being held behind the scenes about a severance payment. So far without result, the ideas would be far apart. According to experts, termination without notice without severance pay is considered unlikely. The background is that the employer must give notice of termination without notice no later than two weeks after learning of the reason for it. It was different here: The allegations against the director of the home became known on November 11th. However, she did not receive the termination without notice until December 20th.
Convicted nurses continue to demand money from the Oberlinhaus
Incidentally, the convicted nursing assistant Ines R. is also still on the employer’s payroll. At the beginning of February, the Potsdam Labor Court will decide the case. The nurse, who has been sentenced to 15 years in prison and is in the correctional facility, is demanding a severance payment. Her main argument is that she was overworked, which led to the crimes. Last year she had asked for almost 82,000 euros; meanwhile she wants to be satisfied with less, as her lawyer Henry Timm announced today on request. He did not want to name the amount for the time being. The Potsdam Labor Court had already dealt with the case in June 2021. The labor judge wanted to wait for the verdict in the criminal trial. Broadcast: Antenne Brandenburg, January 14, 2021, 1:00 p.m
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