Skip to content

Decision on the implementation of Article 93 (2) of the Treaty has yet to be finalized by the Commission.

Dispute between a private education institution and a former employee, who aimed to form a works council with colleagues, was resolved through a court-approved settlement arrangement.

Decision on the implementation of Article 93 (2) of the Treaty remains undecided by the Commission.
Decision on the implementation of Article 93 (2) of the Treaty remains undecided by the Commission.

Decision on the implementation of Article 93 (2) of the Treaty has yet to be finalized by the Commission.

Teacher Wins Settlement Against Digital Career Institute

In a landmark case, assistant teacher Marcell Csokas has reached an agreement with the Digital Career Institute GmbH (DCI) following an unfair dismissal lawsuit. The labor court hearing, which took place on July 8, 2021, marked a significant moment in the ongoing dispute.

The lawsuit stemmed from Csokas' dismissal without notice, a move that occurred amidst attempts by several DCI employees to establish a works council and allegations of systematic minimum wage violations. Csokas vehemently denied these accusations, asserting that the institute was still trying to prevent him from expressing his opinions.

During the proceedings, the presiding judge made it clear that the day's proceedings concerned the unfair dismissal lawsuit, not fundamental rights or freedom of speech. However, Csokas emphasized the importance of freedom of speech, stating that he wanted his fundamental rights to be restored.

The DCI had enlisted the services of lawyer Helmut Naujoks, who is known for providing advice on how to get rid of works councils and other difficult employees. Naujoks' book, "Dismissal of the Indismissable," offers tips on how to dismiss employees in various categories, including troublemakers, absentees, and long-serving employees.

The DCI lawyer presented the first offers for a settlement to avoid a verdict. After lengthy negotiations and consultation with his lawyer, Csokas agreed to an severance payment of 50,000 euros. Both parties also agreed to a non-disclosure and good behavior clause as part of the settlement.

Csokas expressed satisfaction with the agreement, stating that it allowed him to draw a line and move on. The DCI, on the other hand, maintained that the settlement was in the best interests of both parties, allowing them to avoid a potentially lengthy and costly court battle.

The case has sparked debate about the rights of employees, particularly in the context of freedom of speech and the role of works councils in protecting employee interests. As the dust settles on this high-profile dispute, both parties will undoubtedly be keen to move forward and focus on their respective goals.

Read also: