Labour law does not allow the dismissal of certain categories of employees (e.g. protected trade union members, members of the works council) without appropriate consent.

Obtaining this consent is usually impossible because it is provided by the colleagues of the person who is to be dismissed, or even by the person themselves. On the other hand, the law requires the employer to prevent discrimination and mobbing (which in practice can mean the obligation to fire the perpetrator).

What should be done if the person being protected is the perpetrator of the mobbing and there is no consent to their dismissal?

The employer should protect the rest of the employees and fire the perpetrator, despite the lack of consent from the trade union or other relevant body. The goal of protection is not to allow law violations, but to ensure the freedom to conduct the activity.

Of course, the result will be a long and difficult process.

Case law of the Supreme Court shows, however, that employers have a chance not only for a partial victory (i.e. dismissing the lawsuit for reinstatement to work while awarding compensation), but even for a full dismissal of the lawsuit.

Firing the perpetrator of mobbing is the only right course of action. Their further employment would lead to the departure of good employees (and claims from them) and reputational losses.