Falling for it! When going to the gym leads to termination without notice

Fitness instead of tickets? That will be expensive!

A ticket inspector from Cologne apparently thought he could use his working hours as leisure time - and made a big gamble. Instead of checking tickets on buses and trains, he went to the gym or to the hairdresser. The catch: his paid working hours continued. He is said to have "disappeared" a total of almost 26 hours in this way. His employer became suspicious - and put a detective agency on his case.

The result? Clearly: the 55-year-old was dismissed without notice. And as if that wasn't bitter enough, he also has to pay the detective's costs of over 21,000 euros out of his own pocket. This was not only confirmed by the Cologne Labor Court - he was also dismissed by the Regional Labor Court (LAG).

Surveillance allowed? Yes - under certain conditions

What is particularly exciting about this case is the question: Can an employer simply assign a detective to employees? The court's clear answer: yes - if the suspicion is concrete and serious. And that was exactly the case here.

According to the ruling, the inspector had deliberately failed to record breaks on several occasions and had done private things during working hours. The surveillance only took place in public spaces and during working hours - in other words, where everyone can see you anyway. According to the court, the whole thing was therefore also in order under data protection law.

Furthermore, the works council was correctly involved and the purpose of the monitoring - namely to provide evidence of a specific breach of duty - justified the measure.

Why so expensive? Because trust also costs money

Trust is the be-all and end-all in employment relationships. Anyone who abuses it in this way, as in this case, is not only risking their job. The courts see this as a serious breach of trust - and then it's down to the nitty gritty.

Particularly bitter: the dismissed inspector also has to cover the costs of the surveillance - over 21,000 euros. Why? Because the employer only incurred these costs because he was cheated. And if you mess up, you shouldn't make others pay for it too - it's as simple as that.

Working time fraud is not a trivial offense

Honestly? Anyone who thinks they can reinterpret working time as free time is living in the wrong movie. It's not about drinking an extra five minutes of coffee - it's about systematic abuse. The fact that the employer is using a detective here is not a Hollywood thriller, but unfortunately a reality. Data protection is important - but not a free pass for cheating. And anyone who then argues in court with "unauthorized surveillance" seems almost a little brazen.