Working time fraud: suspected termination due to incorrect recording of working hours confirmed

In a judgment dated March 28, 2023 (file number 5 Sa 128/22), the Mecklenburg-Western Pomeranian State Labor Court ruled on the effectiveness of an ordinary termination on suspicion. The employee/plaintiff was employed as an assistant by the defendant and worked flextime. It was found that the plaintiff had logged into the time recording system from home several times early in the morning, but was actually not in the office. In addition, he had also booked arrival times online, although he was not working remotely. Because of these discrepancies, the plaintiff was heard on the allegations, but was unable to explain them conclusively. As a result, he was properly terminated in February 2022.

The Regional Labor Court upheld the Labor Court's decision, basing itself on the strong suspicion that the plaintiff had intentionally breached his obligation to correctly document working hours. This suspicion was considered sufficient to constitute an important reason for an extraordinary termination according to § 626 paragraph 1 of the Civil Code. The court emphasized the importance of correct working time documentation, especially in the case of a flextime model, and the trust that the employer must have in this documentation.

The Regional Labor Court based its decision on the facts established in the first instance and pointed out that the Court of Appeal is fundamentally bound by them. It was emphasized that a re-assessment of facts only takes place in exceptional cases if the assessment of evidence is incomplete, contradictory or violates laws of thought and empirical principles.

The decision of the regional labor court shows that a strong suspicion of incorrect recording of working hours can justify a dismissal, especially if this suspicion indicates an intentional violation of the employee's documentation obligations.