Düsseldorf. The plaintiff has been full -time since 2013 and in shift work five days a week as an arcade supervision with the defendant. This operates arcades with a common public traffic and offers drinks there, among other things. According to the job contract that is agreed in the employment contract, pets in the arcade are prohibited.
In 2019, the plaintiff concluded an animal transfer protection contract with dog aid Germany. After the applicant's father first paid attention to the bitch, she regularly brought the animal to work after the end of the Corona Lockdown. Various changing superiors initially did not make any objections. Her current manager informed her that the managing director would not tolerate the bitch to the workplace or – according to the applicant. By letter dated March 7, 2025, the defendant's managing director asked the plaintiff with regard to the job description to refrain from bringing the bitch to work in the future.
With her injunction, the plaintiff has sought to give up the defendant to tolerate the bitch in the arcade during her working hours until the first instance decision. At the hearing today, the chamber announced in the legal discussion that it assumes that the contractual ban should continue to exist. The mere non -enforcement of a ban does not lead to its cancellation. There is a lot to say that the employer is entitled to enforce this because customers may not even visit the arcade due to animal hair allergy or fear of dogs. In the negotiation, the employer also cited that employees in other arcades they operate are committed to relying on the practice lived by the applicant.
The chamber has announced that the applicant's appeal against the judgment of the Düsseldorf Labor Court, which had rejected the applicant's application for an injunction, had little prospect of success. In order to enable the continuation of the employment relationship and the female to get used to other care options, the parties have concluded a comparison – also to complete the main thing. The applicant may bring her bitch to the workplace by May 31, 2025, but no longer. The comparison is irrevocable for the applicant. The defendant can revoke him by April 10, 2025.
State Labor Court Düsseldorf Comparison from 8.4.2025 – 8 GLA 5/25
Düsseldorf Labor Court, judgment of March 21, 2025 – 9 GA 14/25