Conflict in the workplace no bullying

Court verdict: Clear boundary between workplace conflict and bullying

20/01/2012

Not every conflict in the workplace is automatically rated as bullying. In fact, there is only bullying when the dignity of workers is repeatedly violated by a hostile environment in the workplace, according to the current judgment of the Regional Labor Court Hamm (Ref .: 11 Sa 722/10).

According to the Labor Court (LAG), workplace conflicts are not uncommon and are not necessarily bullying, even if they drag on over a longer period of time. The conflicts are part of normal working life, as long as employers and supervisors with them „social and legal adequacy“ deal, the LAG judged on Thursday. With the verdict, the LAG dismissed the claim of a senior physician against his former head physician at the Lünen hospital.

In the current case, the now 61-year-old senior physician, who had been working in a clinic in Lünen since 1987, had sued the head physician, who was given the job that the 61-year-old had applied for. In 2001, the senior physician applied for the position of Chief Physician of the Department of Neurosurgery, which he had been running provisionally for just over a year. But the clinic opted for an external candidate, who then became the superior of the 61-year-old senior physician. From his new boss, the senior physician felt so bullied that he moved in 2004 for the first time in court to enforce a dismissal of the chief physician and a considerable compensation.

Basic judgment on bullying
The lawsuit ended with a fundamental judgment of the Federal Labor Court (BAG) in Erfurt on bullying (verdict of October 25, 2007, Az .: 8 AZR 593/06). As a result, employers are required to protect their employees from intense bullying. If this fails, the victims of the bullying are entitled to compensation, the Federal Labor Court ruled. A legal right to dismiss the bullying boss is usually not. The bulldozed senior physician and the clinic agreed on the basis of this verdict on a settlement, which provided for a transfer of the physician in the field of medical controlling. For the 61-year-old, the issue with the agreement was apparently not out of the world and so he filed a lawsuit for damages against his former superior. 500,000 euros, the chief physician should pay for the plaintiff's will as damages, because this botched his career.

Senior physician is not entitled to compensation or compensation
The LAG Hamm, however, could not follow the argument of the allegedly bullied senior physician and - as before the Labor Court Dortmund - the action of the 61-year-old back. According to the LAG ruling, workplace conflicts are common and not compulsory bullying, even if they drag on over a longer period of time. As long as employers and supervisors „social and legal adequacy“ As a result, conflicts can be seen as a normal part of working life. A claim for compensation or damages arises only, „When unwanted behaviors have the purpose or effect that violates the dignity of the employee“ becomes. Characteristic for this is a „through intimidation, hostility, humiliation, humiliation or insults“ characterized work environment.

Mobbingtypical hostile environment not recognizable
Although the applicant had 29 cases of alleged bullying in the course of the proceedings, the judges were able to hear at least ten witnesses „The mobbingtypische creation of a hostile environment do not notice.“ According to the judges, the described conflicts have the „still usual frame“ such an argument in professional life „not exceeded.“ However, the plaintiff still has the possibility of appeal to the FOPH, which was expressly left open by the judges of the LAG. (Fp)

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Image: Gerd Altmann, Pixelio.de