Sexual harassment at work is punishable by law and, in most cases, leads to dismissal. But the employer must follow proper procedure: if this is done incorrectly, even a proven case of harassment can result in the employer having to pay compensation to the offender.

A Case from German Court Practice

On the railway, a shift supervisor sexually harassed one of the conductors. After the victim filed a complaint with management, the supervisor went on a three-week vacation. The employer decided to act properly and waited for the vacation to end before holding a hearing (in German — Anhörung): giving the accused the chance to hear the accusations and respond to them.

After the vacation, the employer asked the supervisor to comment on the complaint, then dismissed him. However, he filed a claim for protection against dismissal (Kündigungsschutzklage) — and won.

The reason? The employer had missed a critical deadline. Under the law, if there are grounds for immediate termination of a contract, it must be done without delay. The Anhörung hearing does not extend this deadline — it can be held even during a vacation, by calling or writing to the employee. Since the employer failed to do this, the dismissal decision was ruled invalid, and the offender received compensation.

The Main Rule: Speed and Procedure

If sexual harassment is proven, the employer must act immediately, quickly, and decisively. Delay — even when the employee is on vacation — can become grounds for challenging the dismissal in court.

While the Anhörung hearing is an important procedure that gives the employee the right to defend themselves before dismissal, it is not a reason to postpone action. The employer can conduct the hearing in any way — by phone, in writing, or otherwise — the main thing is not to lose time.

The Role of a Lawyer in Protecting the Employer’s Interests

Employers are advised to act with the support of a lawyer if they want to dismiss an employee for harassment. Although there is no hundred-percent guarantee, working with a lawyer significantly increases the chances of success.

Professional assistance reduces the risk that the procedure will be challenged in court and that the employer will have to pay additional compensation to the person who damaged the company’s reputation.