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A question of labor law (neues-deutschland.de)

The case of Joshiko Saibou, the national basketball player who was terminated without notice, is causing debate and will probably have legal consequences for Telekom Baskets Bonn. An employment lawyer has doubts about the durability of the termination without notice by the Bundesliga club, the German Basketball Federation (DBB) wants to deal with the matter with the national team – an end in the selection is not impossible. »Joshiko Saibou is nominated by the national coach. There will definitely be a clarifying discussion, «said DBB President Ingo Weiss. There was a conversation a few weeks ago when the views of Saibou first came up.

Now Saibou and his girlfriend, long jumper Alexandra Wester, could be seen on social networks from their participation in the demonstration against government measures to contain the corona pandemic last weekend in Berlin. Both were also to be seen without mouth-nose protection and without distance from other people. Saibou then wrote on Instagram on Tuesday: »If I have a polarizing opinion, headwind is understandably inevitable. But then losing my job is totalitarian and a slap in the face of freedom of expression. “Labor lawyer Oliver Simon said on Wednesday:” Due to the circumstances known from press releases, there are doubts about the durability of the termination without notice from an employment law perspective. “

Endangered livelihood

In the Saibou case, Bonn club president Wolfgang Wiedlich referred to freedom of expression even on critical issues. The baskets attach importance to the fact that »we don’t have a muzzle. In the present case, it is about compliance with rules to protect everyone, «he said on Wednesday evening. In a democratic society, this also means “that you sometimes have to listen to and endure things that you don’t share yourself,” the statement says. Freedom of expression is “a valuable asset that is not called into question”. However, Wiedlich pointed out that »the other clubs must be able to rely on us, that the Infection Protection Act is observed and that the hygiene rules are observed. If we don’t manage to do that, it will endanger not only our, but the livelihood of all clubs. «At the end of March, the Baskets» had five infected people, three of whom were ill – including one person who was in the intensive care unit for weeks and was artificially ventilated «, he announced now.

“A club should support or at least accept an athlete’s diversity, development and also his polarizing opinion,” said Wester in a video on Instagram and emphasized: “But handling him like that is a slap in the face and it’s unfair . That’s awesome, and I didn’t think it could happen in 2020. “The 2016 Olympian said,” You’re trying to hang up on some kind of assault because he wasn’t wearing a mask in a photo. “Both of them would have” very careful not to put anyone at risk during the demo and certainly not their teammates, because the Telekom Baskets are not playing or training in a team at the moment. This has absolutely no basis and is really hypocritical. «

The long jumper and the basketball player had recently attracted attention due to strange opinions on the Corona pandemic. Wester had complained in a video that the corona measures deprived her of her freedom. She also spoke of a compulsory vaccination for the population or of doctors and lawyers who defend human rights and who would be locked up in prison psychiatries. Saibou had posted a video on Instagram under the hashtag Appellanden mind, provoking his followers regarding the Corona restrictions.

Slaves of modern times

»As a rule, the fact that an athlete comments on conspiracy theories or shares relevant content on social networks without reference to his employer should not be a suitable reason for termination without notice. The fundamental right to freedom of expression must also be observed in this respect, «says lawyer Simon, pointing out that the legal requirements for termination without notice are high. Wester criticized that “clubs of their athletes can still simply be treated like dolls”. She ended her contribution with the words: “You should understand that we athletes are not the slaves of modern times, but you are making us do just that.” Dpa / nd

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