Please join us for this court date so we can show our strength as workers and
celebrate a likely victory of an overturned termination. ---- Date: 16 September---- Location: Magdeburger Platz 1 ---- Gathering time: 9:00 AM ---- Case time:
11:00 AM ---- Our case is at 11:00 AM, but we are gathering at 9:00 AM to support
a fellow worker from a different company in her case. Please come to both if you
can. ---- Show solidarity - share the images #deliverunion ---- Update about the
last few months: ---- The Workers Group at Cycle Logistics CL GmbH succeeded in
establishing a Betriebsrat despite the desperate attempts by the company to
disrupt or influence the process.
Now, with the works council in place, we have defended several workers from
arbitrary termination. This means the workers can fight back with another layer
of protection.
The Case Details
Why was the worker fired?
No reason was provided to the worker either verbally or in writing at the time of
the termination (17th March 2021). Even when asked by the judge, management only
provided the vague explanations that the worker "violated his contract" and that
the worker "failed to express his ideas for future cooperation." However no
further clarifications nor justifications were provided.
This pattern indicates union-busting. As management is unable to provide concrete
justifications for termination, it is reasonable to assume that Cycle Logistics
CL GmbH wanted to block the formation of a Betriebsrat. Once the company found
out the worker was helping his colleages to organize, management began harassing
him to leave the company. When the worker began the election for a Betriebsrat,
management issued a termination immediately afterwards.
But wait, isn't it illegal to fire someone for starting a Betriebsrat?
It is! It's actually a criminal offense, punishable by up to a year in prison
(Betrvg § 119), and a deep violation of the democratic rights of workers.
So what is the outlook of the case?
Flawless conduct by the worker. No tangible reason for termination. Additional
termination protection from the Betriebsrat election. A clear pattern of
harassment and retribution from Cycle Logistics CL GmbH because of the worker's
advocacy on behalf of the staff. This case couldn't be more clear that the
termination was illegal. But nothing is 100% certain until the judge makes the
decision.
Why is this case important?
It is hard to find a clearer instance of an employer trying to intimidate workers
and change the composition of a Betriebsrat. This is union-busting and it cannot
be tolerated in any workplace. Workers have the fundamental right to associate
and unionise. From a small company like Cycle Logistics CL GmbH to large startups
like Gorillas Technologies GmbH, we see companies try to attack workers
organising. This shows that companies are scared of how powerful workers are when
they unite!
What can you do to support?
Come to Magdeburger Platz 1 on Thursday, September 16th, meeting starting at 9:00
AM to the case time at 11:00 AM.
Bring your friends with you!
Post on social media, pump up the demo, and shame Cycle Logistics CL GmbH.
#deliverunion
https://deliverunion.fau.org/2021/09/15/come-to-the-labour-court-16-september/
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A - I N F O S N E W S S E R V I C E
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