In a recent case, an employer filed a request for dismissal because a major client refused to continue working with the employee in question. Is that a valid reason for dismissal? In principle, no, but in this situation, it was. It demonstrates that no two dismissal requests are identical.
Usually no grounds for dismissal
The fact that a customer no longer wishes to work with a particular employee, and perhaps consequently no longer with the company, is in principle a risk borne by the employer. And rightly so, because otherwise cashiers, for example, would always be caught between a rock and a hard place whenever another customer comes to complain. It also immediately implies that it is actually not grounds for dismissal. Even when the employee has made mistakes, they must first be given the opportunity to improve their behavior. Consider, for example, taking a communication course or receiving better guidance. Additionally, the employer is of course free to transfer contact with the customer to another employee in the meantime. This applies not only to positions such as customer service representatives or cashiers, but actually to all positions within the company.
Dismissal is still possible if the employment contract has become an empty shell
In this case, a major client had sent a letter of complaint to the employer. The letter criticized the employee's performance and attitude. Furthermore, it was indicated that the client no longer wished to work with the employee. The problem, however, was that as a result, the employer was unable to offer the employee other suitable work . A search was conducted, but nothing was found. It was also investigated whether the employee could take on a different position, but there were consistently other candidates who were better suited. Consequently, the employer was left in a situation where he had to pay the employee but could no longer have him work for him. Therefore, the employer filed a petition to dissolve the employment contract.
The subdistrict court judge followed the employer's reasoning and found that the employer cannot be expected to pay the employee a salary while simultaneously preventing the employee from performing any work. The dismissal was approved.
Certainly not a general rule
In this case, it was actually not the customer's complaint that gave rise to a lawful dismissal, but rather the inability to continue offering work. The employer therefore relied on the so-called h-ground for dismissal (a residual category where reasonableness is central) and not on the d-ground (dismissal due to poor performance). Under the h-ground, the judge must always take all factors into account and determine whether it reasonably possible to allow the employment contract to continue. In this case, the judge took into account, among other things, the financial impact of the corona crisis and the assumption that there will be little growth in the short term and that, consequently, no suitable new vacancies will arise.
Advice by SME Lawyers
It is certainly not the case that it is always possible to dismiss an employee when they scare off a complaining customer. In exceptional situations, this may of course be possible, as the case above demonstrates. Are you unsure whether dismissal is possible? Then discuss your situation with one of our specialists. Contact us for more information.
