If there is spoiled fruit and vegetables in a discount counter during checks, this does not always justify the dismissal of a deputy store manager.
The plaintiff had been employed by the defendant discounter for seven years as deputy branch manager and, among other things, responsible for the fresh counter. During a check by the regional management, spoiled goods were discovered there. The plaintiff was warned for this. When mouldy fruit and vegetables were found again during a further inspection, the defendant announced the plaintiff without notice. On the other hand, he brought an action for dismissal protection and claimed that he had always checked the freshness counter in the market on a random basis. No moldy product was noticed.
By judgment of 26.06.2024, the labour court Siegburg granted the dismissal protection action. Neither the termination without notice nor the alternatively stated timely termination considered it justified. The plaintiff was allowed to delegate control of the goods in the fruit and vegetable counter to other employees under his authority. A deputy branch manager cannot perform all tasks himself. As a result, the plaintiff only had to carry out random checks. The fact that the plaintiff did not properly carry out his random checks was not explained by the discounter. (ArbG Siegburg, judgment of 26.06.2024 – 3 Ca 386/24)
