Glossary entry

German term or phrase:

Vertrauensunwürdigkeit

English translation:

gross misconduct

Added to glossary by Dr. Andrew Hudson
Apr 24, 2015 17:26
9 yrs ago
3 viewers *
German term

Vertrauensunwürdigkeit

German to English Law/Patents Law (general) Contracts
What, in your opinion, is the common way to render this phrase in English (specifically UK English)?

Here is a sample context, as part of an overall "Entlassungsgründe bei Angestellten":

"Entlassung wegen Vertrauensunwürdigkeit und Untreue."

Untrustworthiness, maybe?

Thanks as always!

Discussion

Camilla Seifert Apr 26, 2015:
I do agree with Michael. Even "lack of trustworthiness" would work. For "Untreue" - I would use disloyalty.
YorickJenkins Apr 25, 2015:
Depends on context The optimal translation here is very context dependent. I do not think "untrustworthiness is just as good" in this context. Under German employment law, the "Festangestellter" is well protected and "unreliability" or "lack of trustworthiness" totally all right as translations normally, would be inadequate in the context of legal grounds for dismissal. Therefore, I would go for either "proven untrustworthiness" or "breach of trust" because only those might constitute legal grounds for dismissal.
writeaway Apr 25, 2015:
Labor There is nothing (sic) about labor.
Michael Martin, MA Apr 25, 2015:
Suggest you judge each answer by its merits.. ..rather than decide based on whether a person is from the UK or not…
Lancashireman Apr 25, 2015:
"specifically UK English" The four answers so far are from the USA. Even heidi is quoting a case from Philippines Labor (sic) Law.
Ramey Rieger (X) Apr 24, 2015:
Hello AndrewH712 untrustworthiness is just as good.

Proposed translations

+1
1 day 4 hrs
Selected

gross misconduct

The term you are looking for in UK Law is gross misconduct:

Gross misconduct is misconduct by the employee so serious that it completely undermines the employer’s trust and confidence in the employee to perform his/her duties.
http://www.reculversolicitors.co.uk/disciplinary-hearings-ad...

It is strongly advisable to give employees a clear indication of the type of behaviour you consider to be gross misconduct. You can do so in the contract of employment itself or in a staff handbook. Identifying such behaviour in advance will help to demonstrate later on that you regard it as significant. Most employers would identify intoxication (whether from drink or drugs), fighting or other physical abuse, indecent behaviour, theft, dishonesty, sabotage, serious breaches of health and safety rules, offensive behaviour (such as discrimination, harassment, bullying, abuse and violence) and gross insubordination as examples of gross misconduct.

Gross misconduct can include things such as theft, physical violence, gross negligence or serious insubordination.
https://www.gov.uk/dismiss-staff/dismissals-on-capability-or...


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Note added at 1 day4 hrs (2015-04-25 21:59:22 GMT)
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Link for second quote:
http://www.lawdonut.co.uk/law/employment-law/discipline-and-...

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Note added at 1 day7 hrs (2015-04-26 00:51:04 GMT)
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As TonyTK says above ("it sounds as if you can fire people for looking a bit shifty"), a worker cannot be dismissed merely because the employer has misgivings. Evidence of misconduct must be forthcoming.
Peer comment(s):

agree Ramey Rieger (X) : Aye, well done!// Not a bit, you're right, that's all.
3 days 14 hrs
Thanks, Ramey. Very gracious.
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4 KudoZ points awarded for this answer. Comment: "Thanks!"
4 mins

unreliability

Or untrustworthiness
Something went wrong...
+2
48 mins

deceitfulness and breach of trust

the two terms are very similar
Peer comment(s):

agree YorickJenkins : Not sure about deceitfulness but in the context of German labour law (would stress this context) breach of trust is the best IMO
16 hrs
Yes, breach of trust, whether BE or AE, I do believe.
agree TonyTK : In light of Johanna's reference, "breach of trust" looks like the best fit of the answers on the board. Otherwise it sounds as if you can fire people for looking a bit shifty.
21 hrs
I think so, too. Thank you.
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+4
52 mins

Untrustworthiness

I would translate ""Entlassung wegen Vertrauensunwürdigkeit und Untreue." as "Dismissal on grounds of (or due to) untrustworthiness and disloyalty"
Example sentence:

Sec 27, White-Collar Employees Act, contains a non-exhaustive list of valid grounds for summary dismissal, which includes: •untrustworthiness or disloyalty on the part of the employee

Peer comment(s):

agree Eleanore Strauss : although a somewhat awkward term, to my mind this is the more accurate definition
4 mins
agree Adrian MM. (X)
14 hrs
agree writeaway
14 hrs
neutral YorickJenkins : i think this would be fine if including the word "proven" -see my comments below
16 hrs
neutral Lancashireman : Too literal. Try telling this to a British judge.
1 day 3 hrs
agree dozegi (X)
1 day 18 hrs
neutral Margaret Marks : Untreue in criminal law is breach of trust, whereas disloyalty is not a legal term. Better 'untrustworthiness and breach of trust'
1 day 23 hrs
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+1
6 hrs

lack of trustworthiness

I think that's the usual way of rendering this. See below:

"Managers require that any deliberate falsification of information or failure to provide information are cause for immediate dismissal for lack of trustworthiness."
https://books.google.com/books?id=fKyIAgAAQBAJ&pg=PA258&lpg=...

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Note added at 18 hrs (2015-04-25 12:03:52 GMT)
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Excellent point raised by YorickJenkins. This source, though, suggests that lack of trustworthiness could be grounds for dismissal under Austrian law:
“Should an employee fail to report any such incidents to the employer, he/she may be dismissed for lack of trustworthiness.”
https://books.google.com/books?id=54LbBAAAQBAJ&pg=PT41&lpg=P...
Peer comment(s):

agree gangels (X) : my preference
2 days 13 hrs
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Reference comments

11 mins
Reference:

background info

Als ein wichtiger Grund, der den Dienstgeber zur vorzeitigen Entlassung berechtigt, ist insbesondere anzusehen:
1.wenn der Angestellte im Dienste untreu ist, sich in seiner Tätigkeit ohne Wissen oder Willen des Dienstgebers von dritten Personen unberechtigte Vorteile zuwenden läßt, insbesondere entgegen der Bestimmung des § 13 eine Provision oder eine sonstige Belohnung annimmt, oder wenn er sich einer Handlung schuldig macht, die ihn des Vertrauens des Dienstgebers unwürdig erscheinen läßt;
http://www.jusline.at/27_AngG.html
Peer comments on this reference comment:

agree writeaway
15 hrs
agree TonyTK : Nice work - as usual
22 hrs
agree Ramey Rieger (X)
22 hrs
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1 hr
Reference:

DISMISSAL FOR CAUSE; EMPLOYEE’S UNWORTHINESS OF TRUST.

— Where under the circumstances, the employers had reasonable grounds to believe, if not to entertain the moral conviction, that respondent employee was mainly responsible for the disappearance of the case of goods and that the nature of his participation in such loss rendered him absolutely unworthy of the trust and confidence demanded by his position as head checker, his dismissal which is not only to punish him but also as a deterrent to similar misbehaviour of other employees and to protect the reputation of the company, is in order.
http://www.chanrobles.com/cralaw/1968junedecisions.php?id=37...

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Note added at 1 hr (2015-04-24 18:39:31 GMT)
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In the letter of dismissal defendants did not impute to plaintiff a want of knowledge, skill, capacity or fitness to perform the duties of an airplane polisher or mechanic which he claims as his trade.
...
Certainly there is nothing in this charge that in any way imputes dishonesty, disloyalty, unreliability, or unworthiness of trust to plaintiff.
https://casetext.com/case/jacobs-v-transcontinental-western-...
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