In its ruling of 10 March 2023 (Ref. 5 Ca 138/22), the Duisburg Labour Court made it clear that the unauthorized connection of one’s own electric car to an employer’s charging station can constitute good cause for extraordinary termination in accordance with Section 626 para. 1 BGB can constitute good cause.
However, a termination without notice may be justified if the charging of other electrical appliances is tolerated without objection.
Employee has charged private car at a socket of the company building
In Duisburg, a receptionist had filed an action for unfair dismissal. He had been caught several times charging his private car at a socket in the corridor of the office building. According to the defendant’s house rules, charging electric vehicles on the premises is strictly prohibited, mainly due to safety concerns. However, the house rules and the associated ban were expressly directed only at the defendant’s guests and seminar participants. The employer tolerated the charging of smaller private electrical devices such as cell phones without further ado.
On January 12, 2023, the plaintiff plugged his car into one of the defendant’s sockets again, whereupon the defendant terminated the contract without notice on January 13, 2023, the defendant gave notice of termination without notice.
Decision: Termination ineffective, prior warning was required
The ArbG Duisburg ruled that the termination without notice was invalid. Although the unauthorized charging of the car could in principle constitute good cause, a prior warning was required in the specific case.
It is true that the plaintiff’s conduct constituted an intentional, unlawful act against his employer’s assets, which constituted an abusive breach of his duty of consideration under Section 241 para. 2 BGB. However, tolerating the charging of other electrical devices created a certain expectation on the part of the employee that charging his car would not violate the interests of the defendant to such a blatant extent that it would jeopardize his employment relationship. Under no circumstances did he have to expect termination without further ado.
Legal classification: Termination without notice must be justified taking into account the overall circumstances
Pursuant to Section 626 para. 1 BGB, an employment relationship can be terminated without notice for good cause if the terminating party cannot reasonably be expected to continue the employment relationship, taking into account all the circumstances of the individual case and weighing up the interests of both parties to the contract. § Section 241 para. 2 BGB stipulates that the employer and employee must give due consideration to the rights and interests of the other party.
The legal examination of good cause in this sense takes place in two stages: first, it is determined in abstract terms whether the facts of the case can constitute good cause. In the second step, it is examined in the specific case whether this reason actually makes it necessary to terminate the employment relationship with immediate effect. Various factors play a role here, such as whether the employment relationship is unobjectionable, the severity of the breach of duty and the employee’s fault.
Theft of electricity from the employer: termination without notice generally possible
The ruling from Duisburg makes it clear that charging private electrical devices – regardless of their size – at the workplace should always be treated with caution. Such “electricity theft” is not a trivial matter. Every employee is advised to take a close look at their employer’s regulations in this regard. As shown above, a breach of these regulations can quickly lead to the complete loss of employment.
On the other hand, every employer is advised to establish clear rules for charging employees’ devices and to expressly discuss these with employees in advance. Before a termination without notice is issued, it should always be checked whether a warning should be issued first, e.g. because the charging of electrical devices is otherwise tolerated.