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An employee was dismissed without notice because he deliberately coughed on a colleague with the intention of infecting him with SARS-CoV-2.
In mid-March 2020, the employer had put in place a pandemic protection plan. Among other things, the plan required employees to cover their mouths when coughing or sneezing. However, one employee reported in conversations that he “did not take the protective measures seriously” and would not follow them. In fact, he deliberately coughed on a colleague without following any rules.
After approval by the works council, the employer dismissed the employee, accusing him of repeatedly failing to comply with the hygiene measures taken due to the pandemic and the safety distances. However, he was unable to prove the alleged facts.
In a decision of 14 May 2021 (Ref. Js 236650/20), the District Court of Frankfurt am Main qualified a similar incident during a traffic check as an assault on the police and fined him 1,440 euros.
Source (in German)
