German Court Upholds Summary Firing for Coffee Break Logged as Work

Overview

• The Landesarbeitsgericht Hamm ruled on January 27, 2023 (Az. 13 Sa 1007/22) that a single instance of time fraud can warrant immediate dismissal.
• A 62-year-old cleaner with a severe disability clocked in, left for at least ten minutes to a café, and remained recorded as working.
• After initially denying she left the premises and then admitting the café visit, the employee’s conduct was deemed a conscious deception that destroyed trust, making a warning unnecessary.
• Long service and disability status did not outweigh the breach; the required Integrationsamt approval was treated as granted after no timely decision.
• January 2026 reports revisit the case to underline the legal risks of misusing time records and the importance of clear procedures for employers and employees.