Herne.
All harassment? A Herner nurse defends herself against transfers. Verdi accuses the clinic of cheating in order to block the lawsuit.
The Nurse of Herne Christine Zuber (47) does not give up in her fight against several transfers at the Recklinghausen Prosper Hospital. The Union Verdi accuses the employer of wanting to harass Zuber for her union activities. With new transfers, the employer always wants to prevent lawsuits against the old transfer. Verdi’s arguments are not convincing in court.
The original lawsuit goes before the regional labor court
“I’m not an isolated case,” says Zuber, who is active at Verdi herself and is facing the trial with a flag before the labor court. Originally she protested for breaks in wearing masks during the 8.5-hour shifts in the intensive care unit. “We worked through it without any breaks,” Zuber complains. She was then “forced to move”. The employer justifies the transfer as normal implementation. Zuber defended himself with Verdi’s help. The case has meanwhile been taken up by the regional labor court.
However, the regional labor court did not want to decide because Zuber had been transferred again in the meantime. As a result, the first lawsuit has become invalid. So we went back to the Herner labor court for transfer number two, which was to decide on the new transfer.
Dispute about mask break – this is how we reported:
Been transferred for the third time – is the second lawsuit lapsed?
In the meantime, however, Kristin Zuber has been transferred for the third time. Does that mean that the second lawsuit is no longer valid? The court gave Kristin Zuber and her lawyer Peter Weispfenning a clear indication right at the beginning of the hearing that the lawsuit could probably not be decided in the interests of the plaintiff. “We won’t go along with that,” said Weispfenning. “You can no longer fight a transfer if I transfer people again shortly before the hearing.”
For the court, one would have to “choose a more suitable case” in order to fundamentally question the procedure from a legal point of view. After all, there was some time between the transfer at the beginning of the year and the hearing now. After some searching, Weispfenning replied that Zuber found out about the new transfer on January 4 (legally correct: “implementation”). The chamber date was originally scheduled for January 24th. It was just three weeks and there was a clear connection.
Lawyer outraged by plaintiff and Verdi lawyer
Clinic lawyer Ralph Potthoff-Kowol was outraged: “Your client should stop feeling persecuted all the time.” These are normal implementations and not legal tricks to prevent lawsuits. Zuber and the Verdi team don’t want to accept that. You reserve the right to appeal to a higher instance again if the lawsuit is – foreseeably – lost. The announcement is still pending.
More articles from this category can be found here: Herne / Wanne-Eickel
