Is a Written Warning Permissible? (Case Studies)

The employee, Mr. Maier, is somewhat careless in his work. His colleague, Mr. Müller, becomes increasingly frustrated because he frequently has to rework Mr. Maier’s tasks. When the situation escalates, Mr. Müller loses his temper and shouts at Mr. Maier, saying:

“You idiot, you’re too stupid to think.” Can Mr. Müller be issued a written warning?

A supervisor becomes aware that one of his employees (the employee) is causing significant dissatisfaction among colleagues. When asked, the colleagues state that the employee “keeps making stupid and mean remarks” and then “smirks in a very unpleasant way.” Can the employee be issued a written warning?

The employee has recently arrived late to work on several occasions because he overslept. The manager now intends to issue a written warning.

Can the employee be warned using the wording:

“You have repeatedly arrived late for work during the past week”?

The manager assigns a task to an employee and indicates that it needs to be completed “quickly.” Two days later, the task is still not fully completed, even though it could have been finished by the following day if handled immediately. Instead, the employee worked on other tasks in parallel.

Question:

Can the employer issue the employee a written warning?

The employee arrives late to work. As an explanation, he states that he was stuck in morning traffic and was unable to call because he had left his mobile phone at home. Can the employee be issued a written warning?

The employee arrives late to work. As an explanation, he states that he was involved in a traffic accident and had to wait for the police. He was also unable to call because he had left his mobile phone at home. Can the employee be issued a written warning?

On Tuesday, the employee leaves work and informs the employer that he is not feeling well and is going to see a doctor. On Wednesday, he does not come to work. On Thursday, the employer receives the medical certificate of incapacity for work (AUB) by post, issued by the doctor on Tuesday and certifying incapacity for work until Friday. Can the employee be issued a written warning?

Before the start of his working hours, the employee calls in and informs the employer that he is ill and therefore unable to work today and likely for the rest of the week. When asked what illness he is suffering from, the employee refuses to provide this information. On the same day, the employer receives the medical certificate of incapacity for work (AUB).

Can the employee be issued a written warning?

A privately insured employee has been unfit for work due to illness for seven weeks. He has informed the employer that he is likely to remain ill for at least another two weeks. When asked to submit a medical certificate of incapacity for work (AUB), the employee responds that he is no longer required to do so because the employer’s continued remuneration obligation has already expired. Can the employee be issued a written warning?

An employee covered by statutory health insurance falls ill while on a business trip abroad. He properly notifies the employer of his illness but persistently refuses to submit a medical certificate of incapacity for work (AUB), arguing that he is only required to see a doctor and that he has done so. Contrary to the employer’s view, he believes this also applies to foreign doctors and claims that the doctor confirmed this. Can the employee be issued a written warning?

The employee is ill on Tuesday and Wednesday and properly fulfills his notification obligations. The employment contract stipulates that the employee is required to provide a medical certificate of incapacity for work (AUB) from the first day of illness. The employee believes that, under the law, such proof is only required if the illness lasts longer than three days. Can the employee be issued a written warning?

The employee is contractually required to distribute mail, which also includes delivering heavy parcels. Following a recent herniated disc—of which the employer is aware—the employee refuses to carry heavy parcels, stating that he would like to do so but is currently physically unable to because of his medical condition.Can the employee be issued a written warning?

The employee is contractually required to carry out vehicle test drives. After having been involved in an accident caused by the reckless driving of an Audi driver, the employee refuses to conduct test drives with Audi vehicles. He states that he will test all other vehicles but not Audi, claiming that due to his personal aversion to Audi he is unable to do so.Can the employee be issued a written warning?

The employee is, among other duties, contractually required to carry out deliveries by car. In the meantime, he has gained approximately 100 kg and has become significantly less mobile as a result. Compared to his colleagues, he completes substantially fewer deliveries because he is physically unable to work faster. He is then instructed to complete at least ten deliveries per day but continues to fall short of this target. Can the employee be issued a written warning?

The team processes customer IT tickets of varying scope and complexity. One employee consistently completes significantly fewer tickets than the other team members. As a result, colleagues repeatedly have to take over the tickets that he does not process quickly enough.

Can the employee be issued a written warning?

The team processes customer IT tickets of varying scope and complexity. One employee completes significantly fewer tickets than the other team members, requiring colleagues to repeatedly take over the tickets he does not process quickly enough. He is therefore instructed to complete at least ten tickets per week, but fails to meet this requirement. Can the employee be issued a written warning?