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Barist case continues

Published on Jul 19, 2016 Tags: ,
A FAU member's lawsuit against the operator of Barist Restaurant goes into the second round – the dispute is about wages – DEVI Gastro brings countersuit against the FAU member for damages caused by "illegal" action allegedly carried out by the FAU.

On Wednesday, July 20 the second hearing of the case of a FAU member against his former employer, DEVI Gastro GmbH, will take place. DEVI Gastro runs the Barist Restaurant at Berlin Hackerscher Markt where the FAU member worked selling ice cream. The FAU member, along with the FAU, contends that he is still owed night shift premiums, holiday pay and for overtime.

At the first hearing on April 22, DEVI Gastro's lawyer Dr. Mehmet Koca claimed they did not owe the FAU member any money and were unwilling to pay him one cent. The FAU member's lawyer, Sebastian Kunz, maintained his mandate's claim but expressed a willingness to negotiate. The judge asked both parties to send written statements and the court case continues now 3 months later.

In the meanwhile, DEVI Gastro has filed a countersuit against the FAU member. In it, they blame the FAU member for alleged illegal actions against Barist on the part of the FAU and are claiming almost EUR 8,000 in damages. They contend, that the FAU member is culpable for the FAU's actions because they were carried out on his request. "In our union an attack on one of us, is an attack on us all", says FAU Berlin secretary Markus Weise. "Anyone who thinks an individual is accountable for the actions of the union has failed to understand the notion of a union."

The counterclaim reminds one of the injunction placed against the FAU, filed for by Barist's operator, which prevent the FAU Berlin from holding protests against Barist, commenting about the restaurant online, distributing critical flyers about it. Over 300 people joined a protest on June 4 against this injunction, which the FAU plans to fight.

 The case will take place Wednesday 20.7.2016, 9:45, room 224 of Berlin's labour court, Magdeburger Pl. 1.

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