German Federal States

Employee refused red trousers, faced termination.

The employee refused to don his employer's newly acquired work trousers due to dislike for their color. This led to the loss of a fitter's job.

SymClub
May 21, 2024
1 min read
NewsDüsseldorfworking time lawDüsseldorf regional newsRegionalState Labor Court of North Rhine-WestphaliaTrousersTermination
At the center of the dispute before the Düsseldorf Regional Labor Court: red work trousers...
At the center of the dispute before the Düsseldorf Regional Labor Court: red work trousers (symbolic photo)

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Unhinged system - Employee refused red trousers, faced termination.

The Düsseldorf Regional Labor Court has made a decision: Absolutely correct!

Work trousers create thick air

The plaintiff has been employed at this company since June 2014, working as a fitter in an industrial setting. His duties entail using chop saws and cordless drills. Given the nature of his job, workwear is essential.

The company provided this workwear, albeit in a red color. The fitter was unaccustomed to this and opted not to wear the red trousers. He donned black work clothes on various occasions instead. These actions led to his termination.

In November 2023, the worker was let go.

The worker did not take this quietly and opted to contest the dismissal in court. However, the Solingen Labor Court upheld the employer's decision. The judges in Düsseldorf concurred on Tuesday.

No red trousers? Termination!

"A crucial aspect was occupational safety," a court spokesperson clarified. "The employer had the authority to choose red as a signal color due to the plaintiff's role in production areas where forklift trucks were present. The color red also contributed to the visibility of employees in other production areas."

Another reason that the judges found unobjectionable: the employer sought a uniform appearance for its staff. The fitter had worn the red trousers for years, the regional labor court revealed. His perspective on aesthetics at the moment did not allow for a different outcome.

The worker's claim of wrongful dismissal failed. There was no option for an appeal according to the Regional Labor Court.

The fitter obviously didn't like the color of the work clothes

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    Source: symclub.org

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