Termination for testing refusal

Monday, 28.02.2022

Is refusal to provide evidence of a negative test grounds for dismissal?

In a recent ruling, the Bielefeld Labor Court decided that the persistent refusal to present a negative test at the start of work justifies termination without notice. The ruling is all the more surprising because the employee had been employed by the company for almost 24 years. However, the employee also persistently refused to submit tests and was warned twice before being dismissed. In any case, the Bielefeld Labor Court does not consider a test to be an interference with physical integrity. In this respect, the employee cannot invoke his or her protection under fundamental rights. Rather, the persistent refusal to submit to a test is a violation of contractual obligations. This persistent violation of the provisions of the Corona Protection Ordinance may even justify termination without notice.

In this circumstance, employees risk not only not receiving a salary, but also being dismissed after being issued with a warning. Another reason to get vaccinated!

ArbG Bielefeld, Urteil vom 09.12.2021 – 1 Ca 1781/21