If an employee spreads a rumor via WhatsApp that a colleague has
been convicted of rape, this may justify dismissal without notice.
It has now been confirmed by Baden-Württemberg State Labor
Court (March 14, 2019 - 17 Sa 52/18) that such slander may justify
dismissal without notice on serious grounds.
Facts of the case
The commercial employee employed by the defendant since February
15, 2018 prevailed in first instance before Stuttgart Labor Court
(Case: 24 Ca 1481/18) against a dismissal without notice within the
probationary period.
The plaintiff's probationary period was agreed to be six
months, during which a two-week ordinary notice period applied. On
February 17, 2018, two days after starting her employment, the
plaintiff was informed in a conversation with acquaintances after
work that another of the defendant's male employees was alleged
to be a convicted rapist. The plaintiff subsequently communicated
this information via WhatsApp to a female colleague
