Violation of the duty to consider the interests of the employer
In the present case, the IT employee violated the employer’s obligation to be considerate and put the customer relationship at risk.
The labor court determined that it was not permissible to misuse sensitive customer data even to uncover security gaps. Even if the aim of the employee was to inform the customer about the security gap, his approach significantly disrupted the customer’s trust in the employer. The customer expects the defendant employer to protect his sensitive data. The employer should also expect his employees not to exploit these security gaps, but to inform the employer about them. IT employees in particular are obliged to protect sensitive data. In the present case, the IT employee’s termination without notice was therefore justified.