The point at which Fixler joined the fund company was disputed.
(Photo: Reuters)
Frankfurt The labor court in Frankfurt has dismissed the lawsuit brought by the former head of sustainability at DWS, Desiree Fixler, against her former employer. The responsible judge Ilka Heinemeyer decided on Monday after a short hearing. Since the plaintiff was not present when the judgment was pronounced, Heinemeyer did not justify her judgment.
Fixler had sued DWS last year (Az: 2Ca2178/21) for unjustly terminating her after the end of her probationary period. DWS counters by terminating Fixler during the probationary period after not wanting to accept a severance payment that was offered to her.
The point at which Fixler joined is disputed: she herself claims to have worked for DWS as early as August 2020. Already then she gave presentations at events and also had access to confidential information, said Fixler’s lawyer Claudia von Gersdorff, Winterstein law firm, at the hearing.
Judge Heinemeyer pointed out in this context that Fixler had stated that he had signed an employment contract on September 14, 2020. According to the applications, the employment relationship was then terminated on March 9, 2021, she explained.
Top jobs of the day
Find the best jobs now and
be notified by email.
The lawyer for DWS, Georg Annuß, Staudacher Annuß, explained that the fund provider Fixler sought an amicable solution to end the employment relationship and offered Fixler a severance payment of 100,000 euros before the termination. Fixler refused and demanded more than 640,000 euros – around one year’s salary. As a result, DWS resigned during the probationary period, he said.
Attorney von Gersdorff emphasized that Fixler had been announced a bonus shortly before the termination, which had expressed full satisfaction with her work performance. The justification that one was dissatisfied with her does not fit in with this. Further attempts at a settlement had also failed, said lawyer Annuß when asked by the judge.
In addition, the court had to check whether paragraph 612a of the German Civil Code could be used, said judge Heinemeyer. Accordingly, termination in exceptional cases can generally become impossible. This can apply to persons who contribute to the clarification of important facts by transmitting precarious information and are therefore particularly worthy of protection.
Fixler accused DWS of presenting itself as a leader in sustainable investing, when she realized it was not. DWS rejects the allegations. The US Securities and Exchange Commission, the US Department of Justice and Bafin are reviewing the case.
The share price of DWS collapsed after the SEC investigation became known. In the court hearing, Fixler’s lawyer von Gersdorff also stated that the BKA and the FBI were also investigating. DWS welcomes the court’s verdict and will not comment further. Fixler said on the sidelines that she hoped for justice. It is still unclear whether she will appeal.
More: Markets tremble before the Fed – How stocks, bonds, bitcoin and oil react