US EditionRuling: Leaving the Church Alone Is Not Sufficient Grounds for Dismissal
31 Articles
31 Articles
The churches can expect church values from their employees, but contradictory behavior threatens their credibility.
According to a judgment of the European Court of Justice, church institutions cannot automatically terminate their employees because of church leave. If not all employees with the same task are required to join the church, this can prevent termination, the judges in Luxembourg decided at the request of the German Federal Labour Court. In addition, it should be examined whether the religious requirement is indeed "essential, lawful and justified"…
A Catholic institution cannot terminate an employee simply because she has quit the church.
Anyone who works for a church employer cannot be dismissed after a judgment of the ECJ because of a church leave. A former Caritas employee who was discriminated against had been sued.
An employee of the Caritas quits the church, the dismissal follows. Now the highest European court has expressed itself on the case and set limits.
A Caritas consultant was dismissed because of her withdrawal from the Catholic Church – wrongly, the European Court of Justice judges.
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