A police officer was allowed to be fired for sending an image that trivialized the Holocaust. This was decided by the Koblenz Administrative Court. The candidate failed with a lawsuit against the dismissal. As justification, the court stated that there were considerable doubts about the plaintiff’s suitability of character.
According to the information, the plaintiff had shared an image file in a Whatsapp group with around 30 members around a year before joining the police force. The picture shows a uniformed person with a gas mask and a swastika. In addition, the words “If you want to have fun, you need gas” („Willste Spaß brauchste Gas“) can be read.
After the incident became known, the employer fired the plaintiff at the beginning of 2023, citing considerable doubts about his suitability for police service. The employer argued that there was a risk of identification with the ideas of National Socialism. The plaintiff made fun of the mass killing of people in gas chambers during the Nazi era.
The plaintiff, however, found that his employer ignored his above-average professional performance when he was fired. He did not attract negative attention either through his behavior on or off duty. The picture sent does not correspond to his sentiments.
The court confirmed the plaintiff’s dismissal and also found doubts about his character suitability to be justified. It is not crucial whether the incident was actually an expression of the plaintiff’s xenophobic sentiments. It was said that the person must accept the content of the image as it can be objectively understood, namely inhumane, glorifying violence and antisemitic.
It is also incompatible with the job of a police officer to view the Holocaust as a means of humorously crossing borders. Those involved can apply for permission to appeal against the judgment by the Rhineland-Palatinate Higher Administrative Court.
