Accident in Sylt - Employer's Response to Nazi Slogans Outside Work Hours: Legal Considerations
A bash held at the "Pony" bar in Kampen's Sylt village sparked a nationwide uproar in Germany. Footage of party attendees shouting hateful and xenophobic slogans and possibly performing the Nazi salute created outrage across the country.
The authorities are investigating the incident, but some think it's taking too long. In response, several large corporations, such as Deutsche Bank and Vodafone, have vowed to take action against racial discrimination and declared consequences for staff suspected of involvement. Eight companies and organizations plan to fire or reprimand employees who are connected to the scandal, according to NDR.
But is it that simple?
The Kampen Scandal: How much loyalty should employees show to their workplace?
"Employers generally don't care about employees' conduct off duty," explains legal expert Felix Zimmermann, editor-in-chief of "Legal Tribune Online." It doesn't matter if employees support the AfD or fly the Nazi flag in their yard.
However, employers could argue that their employees must safeguard their interests and protect them from harm. The duty of loyalty can be interpreted differently based on the employee's position in the company. For instance, a warehouse worker or employee at a bakery may have different obligations than those who represent the company.
For instance, if an influencer proclaims democratic values in public, yet group members shout Nazi slogans at a get-together, a dismissal could be justified, says Zimmermann. Each case needs to be judged on its merits.
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Source: www.stern.de
