German court overturns dismissal over leaving church — Der Spiegel

Germany’s Federal Labour Court in Erfurt ruled invalid the dismissal of a social worker who was fired by a Catholic women’s and professional association from Hesse after she left the Catholic Church.

Employee found to have been discriminated against

The woman worked at a pregnancy counselling service. 

The court concluded that membership in the Catholic Church was not necessary for the performance of her duties. 

At the time of her dismissal, the association also assigned similar work to two employees who did not belong to the Catholic Church.

The court found that the employee had been unjustifiably discriminated against on religious grounds. 

Leaving the church alone, under these circumstances, did not constitute a breach of the duty of loyalty that could justify unequal treatment. 

The court also ordered that the woman be paid the amounts she claimed.

The case was heard by the Court of Justice of the EU

Earlier this year, the case was considered by the Court of Justice of the European Union in Luxembourg. 

It stated that religious requirements for employees must be essential, legitimate and justified in view of the nature of the work and the church’s ethos.

The employer argued that the counsellor had seriously breached her duty of loyalty by leaving the church. 

Before dismissing her, it tried to persuade her to renew her membership, but without success. 

In Germany, churches have a constitutionally guaranteed right to self-governance, which also extends to special employment rules.