1.12.2011

Dishwasher Fights Back at Court


The FAU Frankfurt am Main plead a comrade’s case in court. Paid holidays, sick pay and two dismissals have been negotiated.
 
Working as a part-time jobber, he and all workers' of a restaurant have been dismissed because the business closed. In fact, the business did not completely close but has been transferred to new owners, who simply continued the business. This is not a closure but a transition, in which case the dismissals are illegal.

The second cause for terminating the dishwasher's contract had to do with an accident at work. A sharp knife cut his finger and that he had to get medical treatment. A couple of days later, he went to the bosses and asked for sick pay. They laughed at him, so he asked for paid holidays as well.  One boss fired him orally because of these questions and ordered him to stay away from the workplace.

At a hearing at court, the judge showed some sympathy for the union member and expressed regret at the small number of part-time workers going to court. He predicted massive success at the trial in the  first instance trial. But as the amount of money was so small, he was not that interested in initiating it. His recommendation was 850€ including sick pay, paid holidays and a one month compensation. The bosses tried all kinds of tricks. In order to avoid being in contact with those capitalists too long and to receive the money as fast as possible, the dishwasher agreed on 650€.

All that remains: class justice exists in Germany. It depends on the amount of money negotiated, if a judge thinks its good to initiate a first instance trial. Yet, this hearing is also a positive example for all part-time jobbers who rarely fight back at court.

Translated from Direkte Aktion Januar/Februar 2011

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