Extraordinary Dismissal due to Designation as "Ming Vase"

The Berlin Labor Court (ArbG) has ruled that the designation of a superior as a "Ming Vase" and the further explanation by a gesture of pulling the eyes backwards and repeating "Well, you know, the Ming Vase" can be a reason for extraordinary dismissal of a saleswoman of a department store with an international audience, if from the subsequent attempts at explana-tion a solidification of the attitude behind it is to be recognized (dated May 5, 2021 - 55 BV 2053/21). The designation of the superior with the words "Ming Vase" and the gestures of the employee used to reinforce the words are appropriate to exclude persons of other origin, insult and debase them and, taking into account the circumstances of the present case, justify an extraordinary dismissal. The saleswoman had initially said to a colleague, "Today I have to make sure that I check off the selected items correctly, otherwise there will be trouble with the Ming Vase again." When asked by a supervisor present, she had explained what was meant by this, "Well you know, the Ming Vase," and pulled her eyes back with her fingers to imitate an Asian eye shape. In the employer's subsequent hearing on the incident, the saleswoman had stated that a Ming Vase represented a beautiful and valuable object to her. Imitating the Asian eye shape was done in order not to say "gook", with "black people/customers" she uses the term "Mr. Boateng" because she likes him. In the overall view, a racist statement was made which violated the duty to consider the legitimate interests of the department store as an employer. This constitutes a considerable disparagement of the intended superior. In addition, it is unacceptable for a department store with an international reputation if a saleswoman, as a figurehead in daily contact with international customers, could refer to them either as Ming Vase or Mr. Boateng or with other derogatory wordings.

(Source: press release of the ArbG Berlin dated May 18, 2021)