Federal Labour Court, Judgment from 08/09/2011 - AZR 543/10 2

Facts: The claimant was an employee in a Catholic hospital since 2000. The claimant divorced from his first wife and married again. Subsequently, the employee was dismissed.

Judgment: The court decided that the dismissal was socially unjustifiable. Even dismissal due to a breach of the religious employer's loyalty expectations will lead to a necessary weighing of interests which, may lead to the result that continued employment is reasonable and termination of the employee is therefore void. One must balance the self-understanding of the Church on the one hand and the worker's right to respect for his private and family life on the other hand.

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