LArbG Berlin-Brandenburg: Sexual assault justifies immediate termination

A Berlin labor court ruled that a rabbi’s sexual assault of a community member during a counseling session constitutes a severe breach of trust, justifying immediate termination without warning. The decision (12 SLa 876/25, Nov 7, 2025) clarifies that such misconduct violates workplace protections, even if the victim isn’t an employee.

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Sexual assault ends employment immediately

The Berlin-Brandenburg Regional Labor Court ruled on November 7, 2025 (case no. 12 SLa 876/25) that a rabbi’s sexual assault of a community member during a counseling session was grounds for immediate termination. The court found that forcibly kissing a woman, pressing his body against hers, and exposing an erection constituted a severe breach of trust. For employees in similar positions, this means such behavior can lead to instant job loss—no prior warning required.

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Why the court decided this way

The ruling hinged on two key points: First, the rabbi’s actions violated workplace protections against sexual harassment, even though the victim wasn’t an employee. Second, his misuse of religious authority made the misconduct especially damaging to his employer’s reputation. Courts typically require extreme cases to justify termination without warning, and this qualified.

What happened in this case

A rabbi employed by a Jewish community organization kissed a female community member during a counseling session, forcing his tongue into her mouth and pressing his body against hers. The woman reported feeling his erection. Separately, the employer accused him of withdrawing over €77,000 from a synagogue account without proper documentation. The court upheld his termination but rejected the financial claims due to insufficient evidence.