Administrative Court of Augsburg, Judgment from 6/19/2012 – Au 3 K 12.266

Facts: The defendant had been working for the applicant, a Catholic daycare, for twelve years. When she requested her maternity leave, she revealed her registered partnership. The employer then tried to dismiss her based on her breach of loyalty during her parental leave. The employer applied to the Trade Supervisory Office to approve the dismissal during maternity leave. The Trade Supervisory Office rejected it. The Catholic employer then filed a lawsuit against the Trade Supervisory Office.

Judgment: The Federal Parental Benefit Money Law and the Parental Leave Law provide specific protection from dismissal whereby the balancing of opposing interests does not present a particularly difficult case due to the self-determination of the church, but there are considerably more stringent requirements. Therefore, the claim was dismissed. A dismissal during parental leave was not possible.

The plaintiff was then dismissed after returning from parental leave. Compensation was paid through an amicable settlement of the conflicted sides.