Hertha Explains Reasons for Ex-Managing Director’s Termination

Hertha BSC, in its legal battle with former managing director Fredi Bobic, cites both an interview he gave on TV and a suspicious termination as reasons for his extraordinary termination. While no judgment was initially made in the Berlin Regional Court on Monday, it is possible that one could be made following further deliberations. There is also the potential for the case to continue, at which point Bobic may be called as a witness. Both Hertha and Bobic were represented by their legal teams on Monday.

The second division football team initially handed the 52-year-old Bobic a regular termination notice, followed by an extraordinary one at the start of 2023. According to presiding judge Dr. Astrid Zilm, someone at Hertha had claimed that Bobic had leaked confidential documents to Mr. Hellmann, although no further details were provided. If true, this would have been a violation of a confidentiality clause on Bobic’s part, and this was the justification that Hertha provided for their suspicion-based dismissal announcement.

Should such a termination occur, Hertha would have been required to confront Bobic with this unproven suspicion and provide him with ample information about the allegations before the termination took place. However, this did not happen. Bobic’s legal team argues that the invitation for this confrontation was sent to Bobic on too short notice. The court saw merit in arguments from both sides, and this could potentially be interpreted as a waiver of the hearing.

Hertha and Bobic’s legal battles are not limited to this case

Bobic also reacted with anger to a question from a reporter right before his termination, following a derby loss against Union Berlin. He threatened to slap the RBB reporter who asked the question as he walked away, although he did later apologize for the incident.

The court showed understanding for the potential emotional reaction following such a game. As Judge Zilm stated, “We are not at the Berlin Philharmonic Orchestra or at an interview at a law firm”. Whether this should genuinely be interpreted as a serious threat is a matter of debate.

If you ask again you’ll get slapped.

Fredi Bobic during an interview last year

However, Johan-Michel Menke, Hertha’s lawyer, pointed out that Bobic had signed a code of conduct with Hertha. This code requires all employees to treat others, both within the organization and in public, with “dignity and respect”, and to “respect the independence of journalists and media”. Bobic’s lawyers countered this by saying that this code of conduct was submitted to the court too late.

Judge Zilm stated that, when it comes to ordinary termination, the court is leaning towards its legality. If the extraordinary termination is deemed unlawful, Bobic would be entitled to a severance payment as agreed upon in his contract.

We’re not at the Berlin Philharmonic Orchestra or at an interview at a law firm.

Astrid Zilmjudge in the current case

An out-of-court settlement is still a possibility, although it seems that both sides are far apart financially. Bobic rejected an initial offer from Hertha, with his lawyer Matthias Weidmann stating that it was “clearly far from the minimum”.

This is not the only case currently in the district court. According to a court spokesperson, Bobic has initiated a second document process regarding the potential acquisition of an enforcement order against Hertha. So far, all scheduled appointments for this case have been cancelled, most recently due to a bias claim from Hertha.

If Bobic is granted this enforcement order, Hertha would be required to pay out his salary, which has been frozen for approximately a year. However, if the court ultimately concludes that the terminations were legal, Bobic would have to repay the money.