Termination of the chief doctor ineffective



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Labor court: suspected corruption against chief physician - termination ineffective

The dismissal of the chief physician of the St. Mauritius therapy clinic in Meerbusch due to suspected corruption was overturned by the Düsseldorf labor court. Both the termination without notice and the timely termination were ineffective because the employee representative was not sufficiently involved, the court said.

After the Stuttgart public prosecutor charged the chief physician at the St. Mauritius Therapy Clinic for suspected corruption, the clinic management gave the 56-year-old doctor an immediate termination in December 2010. The chief physician did not want to accept this and complained to the Düsseldorf Labor Court. The competent judge at the labor court, Dr. Michael Gotthardt, now canceled both the immediate and the timely termination.

Labor court cancels the former chief physician's dismissal The verdict at the Düsseldorf labor court is very brief and clear: the termination of the chief physician's notice without notice and on time are ineffective. This would theoretically force the management of the St. Mauritius Therapy Clinic to continue employing the chief physician, but so far the verdict is not final and the possibility of revision remains, emphasized Dr. Gotthardt. The judge considers such a move to be “very likely” since the criminal proceedings against the chief doctor before the Stuttgart district court have not yet been completed and the revision could save time to await the outcome of the criminal proceedings. Dr. According to Gotthardt, the defendant therapy clinic can delay the procedure by up to a year in this way, whereby no salary payments are due to the chief doctor until a final judgment has been issued. Not least because of the seriousness of the allegations, Dr. Gotthardt also considered the theoretically necessary continued employment of the doctor to be "extremely unrealistic".

Criminal proceedings due to suspicion of corruption have not yet been completed The 56-year-old chief physician at the St. Mauritius Therapy Clinic is accused by the Stuttgart public prosecutor's office of having carried out bribes for the construction of the clinic more than ten years ago in order to subsequently campaign for a specific construction company . The building contractor is said to have paid the chief physician the equivalent of 1.5 million euros, whereby part of the funds (950,000 euros) had already flowed between 1996 and 1997, according to the prosecution. Should the Stuttgart district court follow the allegations, the accused will face a corresponding amount of damages. Actually, "the 1.5 million euros (...) figuratively belong to the clinic," emphasized the managing director of St. Mauritius Therapy Clinic GmbH, Christian Röhrl, at the beginning of the year. However, the accused chief doctor denies having accepted bribes. Although he does not deny that the payments were made by the building contractor, these were only due as loans and fees for consultancy work.

Clinic and chief physician reject a possible comparison According to the verdict, the Düsseldorf Labor Court - despite the serious allegations against the former chief physician - had no option but to cancel the termination, since the employee representative body in the form of the works council was not sufficiently involved in the decision. Since a corresponding judgment was already emerging in advance, the judge responsible had submitted a possible comparison to both parties at the beginning of April in order to reach an agreement. The former chief physician would have been entitled to the continued payment of a basic salary of 10,000 euros by June 2011 and a severance payment of just under 120,000 euros if an acquittal was made in criminal proceedings before the Stuttgart district court. The termination without notice would have been converted into ordinary termination on June 30. But both the plaintiff and the defendant clinic rejected the comparison. So there is now a judgment that hardly seems to help either party. Because the clinic management cannot actually accept the judgment without a revision, since at least the outcome of the criminal proceedings has to be seen. And as long as there is no final judgment, the former chief doctor receives no salary. In principle, the decision was only postponed for the time being. (fp)

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