In the Jarstein case, Hertha CEO Fredi Bobic claims unilateral termination rights.Image: www.imago-images.de / Eibner
“The contract will be terminated, there is no going back,” Hertha CEO Fredi Bobic told Dazn shortly after Hertha goalkeeper Rune Jarstein was suspended. At the time, the Hertha boss still hoped to end the contract amicably: “We talk like smart people people and at the end of the day we want to try to separate it cleanly.”
Obviously that didn’t work, instead the two sides parted ways on a “dirty” road. Meaning: Bobic simply terminated the contract with his employee at the end of November. Jarstein is now suing the Berlin-Brandenburg state labor court.
Rune Jarstein has been playing for Hertha since 2014. and there were 179 times between posts.Image: www.imago-images.de / nordphoto GmbH
“We separated under labor law with a social grace period,” confirmed Bobic.Bild” dismissal. According to the court representative, the so-called quality date was set – November 1. This is the last attempt at a settlement before the case ends up in a courtroom.
Bobic must state the reason for the termination, the outcome of the legal dispute is unclear
Like any employer who wants to unilaterally fire an employee before the contract expires, Bobic will have to provide good reasons for the dismissal. Jarstein was suspended after an argument with goalkeeping coach Andreas Menger. The exact wording is not known, according to “sports picture“, but the word “ass” is said to have been mentioned.
Insulting a manager can certainly be grounds for termination, but it often depends on the specific circumstances. For example, in 2010 The Schleswig-Holstein District Court has voided the dismissal of a lorry driver after he described a parking lot manager as a “donkey”. Therefore, the employee should have been warned first.
So whether Bobic has a valid reason to quit will depend on a variety of circumstances, as well as how much he can prove to Jarstein.
In the meantime, Jarstein’s party can present a number of alleged reasons in court challenging the legality of the termination.. Among other things, the Norwegian could draw attention to the fact that, according to media reports, Bobic wanted to get rid of him in the summer, but did not find a buyer. This may mean that the alleged reason for the dismissal is just a pretext.
Jarstein’s public silence during the suspension could also speak for him. While Bobic was on DAZN and Sport Bild about his (still) staff.
If Bobic loses, he’s there as a contract-breaking bully
Therefore, the outcome of the legal dispute is still completely unclear. But regardless of whether Hertha win or lose in the process, Bobic threatens to shoot himself (or at least all Bundesliga clubs) in the foot.
If Hertha lose and the suspension is overturned, Bobic would be like a bully, who simply threatens to do things that violate the contract to get his way. This would not be the first time he has reinterpreted applicable contract law to his advantage.
When Marcel Lotka (r.) first got the chance to prove himself at Hertha, his move to BVB was already a certainty. Image: www.imago-images.de / Eibner
Already in the summer he tried them BVB to collect money from Marcel Lotka’s transfer after he announced the transfer for free a few months ago. But BVB boss Hans-Joachim Watzke did not allow himself to be robbed and Bobic was simply denied.
If Bobic wins, he sets a precedent that threatens the entire Bundesliga
Supposedly worse for Bobic and others Bundesliga However, a victory in court could make a difference: then Hertha would finally get rid of the unwanted employee. But at the same time, you should For the first time, a court ruling has been enforced that weakened the alleged “non-termination” of player contracts in the Bundesliga. – specialist account.
At a time when professionals are constantly forced to honor their contracts regardless of their willingness to trade, player agents could see such a decision as an opportunity to file a termination lawsuit. The fact that footballers cannot unilaterally terminate their contracts makes them an exception among German workers. Special legal…