The use of private smartphones during working hours is prohibited by the defendant. This did not prevent the plaintiff from using one. When his superior approached him, it was down to business: “Get out of here!” , push your right hand against the supervisor's left shoulder, kick your right foot in his direction, touching him, and then raise your right index finger. And then? He kept paddling on the smartphone.

The employer did not find this funny and issued the extraordinary dismissal. Rightly so, as the LAG recognized. It is true that the force used by the plaintiff does not constitute serious assault. However, the breach of duty still has considerable weight. The plaintiff behaved disrespectfully and with the use of physical force. Already the speech “Get away from here! “was significant misconduct, as the plaintiff was not entitled to address a superior in this way. This misconduct was significantly reinforced by the push and kick. In particular, the — albeit slight — kick showed disregard for the superior, which is unacceptable by the defendant. It is particularly significant that the plaintiff continued his breach of duty unimpressed following the assault.

Conclusion: It doesn't have to “bang” in the truest sense of the word so that the employment relationship can be terminated extraordinarily. Even those who behave disparagingly and aggressively towards the manager are threatened with extraordinary dismissal.