Here is the translation:
1. Subject of Dispute: Challenging the order to suspend an employee from work without pay due to refusal to be vaccinated against COVID-19.
2. Key Court Arguments:
The Supreme Court indicated that suspension from work must be proportional and involve an individual risk assessment. In this case:
– The employee has only 4 direct and 2 indirect workplace contacts
– Workplaces are separated by glass
– There is no significant need for personal contact with people
The court concluded that suspension without a detailed assessment of specific circumstances is a disproportionate measure.
3. Court Decision: Declare the suspension order illegal. The case regarding wage recovery has been referred for a new review.
Key Thesis: Each case of employee suspension requires an individual assessment of circumstances and proportionality of the measure.
