Urteil: Mit Attest: Krankschreibung statt Urlaub führt zu Kündigung

A German workers' court in Gelsenkirchen has ruled that pretending illness and receiving a doctor's attestation is sufficient grounds for immediate termination of employment. This decision was made in a case where an employee had booked a flight for a planned vacation, but the employer refused to approve the time off. Despite this, the employee pretended to be ill and stayed away from work, using a doctor's note to support the claim.

The employer terminated the employment relationship without notice, citing doubts about the employee's health. The employee then sued for the right to claim protection against dismissal. During the proceedings, the employee claimed to have suffered from back pain, which a doctor had diagnosed after a medical examination. However, it later emerged that no physical examination had taken place, and the doctor had issued the attestation without conducting any investigation.

The employee's behavior during the trial was particularly damaging to his case, as he first continued to claim medical examination, which he had to correct when specifically asked by the court. The witness doctor had also initially indicated that an examination had taken place. The court saw this as a significant breach of trust.

The employee's alleged back pain did not convince the court either, as he had claimed to have experienced the symptoms only on a Friday, despite not being prevented from working on that day. Additionally, the booked flight and the clearly denied vacation further weakened the employee's position.