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Caritas rescinds midwife's dismissal for leaving the church

Caritas rescinds midwife's dismissal for leaving the church

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Caritas rescinds midwife's dismissal for leaving the church
Caritas rescinds midwife's dismissal for leaving the church

Midwife's Job Restoration After Caritas' Controversial Decision

Since 1994, this dedicated midwife served at the hospital, all while being part of the Catholic Church. In September 2014, she decided to bid farewell to her religious community. In 2019, she expressed interest in returning, applying for a part-time role at the hospital. Her religious affiliation didn't come up during the recruitment process.

The hospital extended an offer, complete with a signed contract and an additional questionnaire. This questionnaire included a space where she candidly acknowledged her departure from the church. She faithfully submitted her signed documents back to the hospital.

The midwife's new role commenced on April 1, 2019. It wasn't until April that HR personnel noticed she had left the church shortly after her employment began. Discussions ensued, but the midwife stood firm on her choice not to return to the church or rejoin the hospital's staff. As a result, Caritas terminated her contract on July 26.

Initially, the Dortmund Labor Court sided with the midwife, but the Hamm Regional Labor Court later overturned the decision. The Federal Labor Court (BAG), however, referred the matter to the European Court of Justice (ECJ) in Luxembourg. It's speculated that the ECJ may have alerted Caritas to its low chances of victory before delivering its judgment.

In due course, Caritas acknowledged defeat and agreed that the midwife's employment status remained intact. As a result, the proceedings at the ECJ were eventually called off. The Federal Labor Court ultimately affirmed that the midwife's job was still valid.

  • The termination of the midwife by Caritas sparked a legal battle that eventually reached the Federal Labor Court (BAG).
  • The question of the midwife's religious freedom emerged as a contentious issue in her employment termination.
  • The midwife argued that Caritas violated her rights by terminating her contract due to her religious beliefs.
  • Facing opposition in lower courts, Caritas appealed to the BAG, stressing the terms of their employment contract.
  • With the BAG recognizing her continued employment status, the midwife may revisit the termination issue again.
  • Should she successfully challenge the termination, she could potentially regain her role at Caritas, a Catholic-affiliated medical institution.

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