In a monumental verdict that is sure to create some backlash, a German court has ruled that groping a woman's breasts while at work does not constitute as a "sackable" offense.
A car mechanic who groped a female cleaner's breast while saying "these look like fun" should not have been dismissed for his actions, judges of the Federal Labor Court in Erfurt said this week.
In 2012, a 37-year-old car mechanic was fired for sexual harassment in the workplace after one of his female employees complained that he had attempted to take undue liberties by fondling her breast, UK MailOnline reported.
Initially the unidentified mechanic said he didn't know what came over him and paid the woman some compensation. But shortly after, he decided to drag the incident to court after feeling upset about being fired.
According to the victim's testimony, the mechanic had made lewd comments about her and then grabbed hold of her when he encountered her in the bathroom of the garage where they worked near Erfurt.
It was just "a moment of madness," the 37-year-old mechanic testified, elaborating that he had apologized to his co-worker after having made those comments and even offered her some monetary compensation for the same. But since she went on to report the incident to the employer, he was thrown out in the most, according to him, unbecoming manner.
After hearing of the circumstances of the case, the apologies of the man and the fact that he was "sincerely sorry," the Erfurt courthouse ruled that although serial fondling demands for an employee to be fired, a single instance of groping was tolerable, according to The Westside Story.
"Sexual harassment in the workplace must not lead to the immediate termination of the offender," said the court statement. "If unethical approaches actually entail a dismissal, it should depend always on the circumstances of the case."
Firing the employee, who had worked at the firm for 16 years, was a step too far, the court said, adding that a "cease and desist" letter should have sufficed.
The garage has been ordered to reinstate him but has said it may appeal the verdict.
Meanwhile last year, the same court upheld the sacking of a furniture store employee who liked to continually pat the behinds of female staff members.
