Rather, the employer must refer to the acts on which the conviction is based
Sources used: RTL.de
When coming to terms with the Wirecard scandal, the CSU finance politician Hans Michelbach brought the auditing company EY to the play of exclusion from government contracts. Michelbach justifies this with the auditor’s refusal to testify to the Bundestag committee of inquiry about the Wirecard bankruptcy. “In any case, it is clear that an auditing and consulting company that supports such a blocking course can no longer be a business partner for the federal government,” said Michelbach of the “Augsburger Allgemeine” (Monday). The CSU politician is the vice chairman of the committee.
EY is one of the largest consulting and auditing companies worldwide. The federal government is also one of the customers. For years, EY audited the annual financial statements of the scandalous company Wirecard, but failed to find out about the missing billions. On Thursday, three of the company’s auditors will answer questions from members of the Bundestag’s investigative committee. But they want to refuse to give evidence and rely on their duty of confidentiality. The fact that the insolvency administrator released them does not change anything, lawyers said in a letter.
Michelbach does not want to accept the argument. “A clarification of the Wirecard scandal is to be blocked under flimsy pretexts,” he said.
EY said on Monday that clarifying what happened at Wirecard was the top priority for the company. EY has the “clear intention” to contribute to the political investigation of the case. “So far, however, this has only been possible within the limits of the statutory and professional confidentiality obligations to which we as German auditors are subject and which currently do not allow us to provide specific information about Wirecard and in particular about our audit activities.” Any breach of the duty of confidentiality has criminal and professional consequences.
The employees of EY, who were summoned as witnesses before the investigative committee, are currently still subject to this statutory and professional obligation of confidentiality. The committee of inquiry is asked to support a legally secure clarification of the situation and thus to bring about an effective release from the obligation of confidentiality. Comprehensive statements would be possible in the investigative committee on the basis of such a strived for legally secure delivery.
The SPD politician Cansel Kiziltepe criticized: “EY apparently does not want to help clear up the Wirecard scandal.” A proper final examination cannot currently be assumed. Previously, representatives of the FDP, the Greens and the Left had criticized the auditors.
Employees are threatened with dismissal if the company doctor considers them unsuitable for their job – and they keep this from the employer. This is pointed out by the Labor Law Working Group of the German Bar Association (DAV). It relates to a decision by the Cologne Regional Labor Court (Az .: 7 Sa 217/15).
In the negotiated case, a man who had been a truck driver transporting dangerous goods for years was fired. The company doctor determined that there were temporary health concerns about his use. However, the employee did not inform his employer about this. When the employer found out that his employee was hiding this from him, he gave him notice without notice. The man turned against this with his complaint.
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But without success. It constitutes a serious breach of the employment contract if the employee conceals the result of such an investigation from the employer.to kill a mockingbird prejudice essay conclusion The execution of dangerous goods transports is a highly dangerous activity. The employee is therefore obliged to inform the employer about the concerns of the company doctor.
A criminal conviction is not yet a valid reason for dismissal. Because only the act itself is a criterion for whether the employee is unsuitable for the job. This was decided by the Cottbus Labor Court in a judgment dated May 30, 2013 (Az .: 3 Ca 317/13). The Bund-Verlag points this out.
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Dismissal for conviction
In the specific case, it was about an employee at a pool company. The employer fired him when he found out the man had come into conflict with the law in the past. He had asked the employee several times to submit an extended certificate of good conduct. When the employee did not comply, he applied for the extended certificate of good conduct himself.
It said that the employee had been convicted of the acquisition of narcotics and bodily harm. The employer then gave him notice.
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Wrong – decided the judges. A conviction alone is not enough for a dismissal. Rather, the employer must refer to the acts on which the conviction is based. This must mean that the employer is not suitable for the job. Here the employer had not even dealt with the acts.
Whether the acts themselves justify a termination must be clarified separately. If the crime is not directed against the employer or a work colleague, an extraordinary termination can only be carried out if the employment relationship is impaired.
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In the case of other criminal acts, too, it depends on whether the continuation of the employment relationship is unreasonable for the employer after the entire situation. This presupposes that the criminal offenses put a strain on the employment relationship, for example if there are serious doubts about the reliability or suitability of the employee for the job to be performed by him.
Where could you go in spring when it is getting warm but still too cool for the beach? Of course, to the zoo! Because of the corona contact restrictions, everything is different this year – zoos, animal and amusement parks are closed in Lower Saxony, unlike in some other regions of Germany. That means: no income, but expenses as always. Many animal parks and zoos have their backs against the wall.
ERLEBNIS-ZOO HANNOVER: Spring is actually particularly important for a zoo, especially the Easter holidays. But this year: “We’re slipping down to zero,” says Andreas Casdorff, managing director of one of the largest zoos in Germany with a turnover of around 26 million euros. Every day in the zoo costs around 63,000 euros, in restaurants it is over 20,000 euros. The income fell by a good 85 percent. “It’s a horrible feeling when I get up in the morning and know that today I’m going to lose a lot of money again,” he says. And: The animals lack the “positive stress” caused by the visitors.
He also misses planning security, the decision-making situation in Germany is becoming more and more diffuse – in some federal states the partial opening of zoos is possible. Casdorff is also hoping for this: “We are preparing for the chance that we may be able to reopen.” Every year the zoo has more than 2,000 animals and around 1.2 million visitors; in April it would have been a good 150,000. And now: the employees in service and catering have been on short-time work since mid-March, in the zoo it is half of the employees. But: thanks to donations and animal sponsorships, the zoo comes to up to 500,000 euros annually – and this support is currently increasing significantly.
ANIMAL AND LEISURE PARK THÜLE: “If this continues, we will no longer have to worry about the zoological landscape in Germany,” says Managing Director Alexandra Grothaus. The longer the state government refuses to partially open it up, “the more difficult it will be for us”. The zoo comes out of the winter break, lives off seasonal business and: “Every euro that is not earned today is missing again in winter.” 85 percent of the revenues have been lost, the decline in sales has so far been one million euros. The 80 employees are all on short-time work, there have been the first layoffs.
The zoo is prepared for a partial opening – disinfectants, spit and face masks are there. But even if it were partially opened, there would be no comparable sums as before, because school classes and group trips were canceled. At least there is help, animal sponsorships have “definitely” increased: “We noticed that people care about us.”
SERENGETI-PARK HODENHAGEN: Managing Director Fabrizio Sepe is disappointed. Because the Stukenbrock Safari Park in neighboring North Rhine-Westphalia is allowed to offer rides through the enclosure with your own car – unlike the Serengeti Park: “I can’t understand that logically,” he criticizes. With a permit similar to Stukenbrock, the corona risk would be lower in his view than in the hardware store. His concept has been available to the state government for three weeks. But a few days ago the Lower Saxony Higher Administrative Court in Lüneburg decided that the closure of zoos and amusement parks was legal. The judges see this as a necessary protective measure. (Ref .: 13 MN 96/20)
Sepe feels that he has been treated unfairly – and is stunned. Because: Daily costs of around 50,000 euros were incurred, although most of the employees were on short-time work. 44 people, including 3 veterinarians, looked after around 1500 animals. “Thanks to the sponsorships and donations, we are just about to stay afloat, but a partial opening would be life-saving,” emphasizes Sepe. Otherwise one would have to draw up lists of slaughter: “We do not want to start slaughtering animals to feed other animals.” The Neumünster Zoo in Schleswig-Holstein had drawn up emergency slaughter plans.
ZOO OSNABRÜCK: “Our financial situation is very serious,” says a zoo spokeswoman. 75 percent of the zoo is financed from visitor fees, which have been completely eliminated since mid-March. In March 2019, the zoo had admission revenues of 375,000 euros, in 2020 only 190,000 euros due to the closure in the middle of the month. In April 2019, the income from tickets was over one million euros, this year they were completely canceled. 95 of the 182 employees are on short-time work. Attention is paid to distance and hygiene. And after the corona virus was detected in a tiger in New York, direct contact with the animals was also limited.
The monthly cost of caring for the approximately 2,200 animals amounted to around 290,000 euros – the total monthly expenditure was around 500,000 euros. The city of Osnabrück has promised to double donations up to a total of one million euros by the end of the year. A closure for months would “exacerbate the situation even more and the situation would become difficult for us”.
TIERPARK NORDHORN: The situation in the Nordhorn Zoo is serious, but not hopeless, says manager Nils Kramer. Most of the 170 employees have been on short-time work since April – animal care works alternately in four teams. “Every employee of the zoo family does their part to master this great challenge, so I have no plans to lose even one job to Corona,” emphasizes Kramer. With 2,000 animals, daily costs of more than 10,000 euros were incurred. “Nothing is going to burn here in the coming weeks,” he says nonetheless. The zoo could “of course not endure a complete loss of income”.
The zoo manager hopes for a partial opening – a visit to the zoo should not be seen as any different from a walk in the fresh air, distance rules can be observed. Regarding the emergency slaughter plans from Neumünster, Kramer says: “Due to an acute lack of money or” poverty “, no animals are slaughtered in the zoo, this is beyond my imagination.” Almost 25 percent more animal sponsorships were won over Easter alone.
ZOO AM MEER BREMERHAVEN: Director Heike Kück attests that her zoo is “extremely unlucky”. Not just because of the closure itself, but mainly because the zoo had expected a lot from this spring – thanks to its polar bear twins. At Easter around 23,000 euros were otherwise taken every day – what remains are the costs of around 250,000 euros a month. 70 to 80 percent of the income came from the tickets. The 46 employees are currently cutting overtime, but if it does not reopen on May 4th, then short-time work is imminent. When the weather is sunny, the zoo has a “picture book atmosphere” – and nobody benefits from it.
Many animal parks have had offspring in the past few weeks. The fine weather now enables some animals to explore larger outdoor areas. On Monday in Serengeti-Park Hodenhagen, a young white-naped moor antelope was allowed to go out into the open-air enclosure with the herd for the first time. The buck was born in January – it was the safari park’s first offspring that year.
Milan, who was born in January, also went on a climbing tour – but still in comfortable tandem mode with mom, to whom he clung to. According to park spokeswoman Asta Knoth, camels, deer and dwarf zebus have also given birth to young animals. “We have a lot of offspring,” said Knoth. The corona crisis has a good side for the animals: Due to the closure of leisure facilities, the offspring are growing up in peace and quiet, undisturbed by visitors.
The zookeeper attacked by two lions in Serengeti Park Hodenhagen is on the mend and has since left the hospital. His recovery is going well, the zoo announced on Friday. The 24-year-old was attacked on May 4 by two lions weighing around 280 kilograms. He had bite wounds in the chest area and had an operation for several hours.