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Classroom instruction despite Corona - ArbG Mainz, decision dated June 8, 2020 - Az 4 Ga 10/20

Corona lawyer

According to the press release of the Rhineland-Palatinate judiciary dated June 10, 2020, regarding the proceedings 4 Ga 10/20, the Mainz Labor Court ruled in a decision dated June 8, 2020, on the urgent application of a teacher who wanted to have his employer forbidden to call him in for classroom teaching during the Corona pandemic.

The proceedings for a temporary injunction concerned a 62-year-old teacher who - citing his age - wanted to have his employer, a vocational school with remedial teaching, forbid him from giving classroom instruction during the Corona pandemic. The plan was for the petitioner to give private lessons in a 25-square-meter room. The applicant argued that he would expose himself to unreasonable health risks, although an interest in face-to-face teaching was not apparent.

The Mainz Labor Court rejected the application. The court was of the opinion that a sufficient distance could be maintained in the specific case. The opinion of the applicant that there was no substantial interest in the classroom instruction could not be understood, since the instruction to be given was remedial instruction for the benefit of disadvantaged students. Furthermore, the schools had discretion as to how they wanted to counter the dangers of the Corona pandemic. It was not the task of the courts to decide in advance which teacher could be deployed and how, according to the Mainz Labor Court.

The court's decision does not include a precise and conclusive statement of how instruction should be provided in times of Corona Pandemic is to be designed and what precautions are to be taken for the safety of the employees. If you, as an employee, are concerned about whether you can reasonably be expected to work under the circumstances, I will be happy to advise you and help you find a solution with your employer. Do not act on your own, but contact a lawyer specialized in labor law!