Decision in the case of national coach Lutz Buschkow, who was dismissed without notice, is delayed

A decision in the case of national diving coach Lutz Buschkow, who was dismissed without notice, is not expected before April. The Halle (Saale) Labor Court has postponed the case again. The presiding judge Gabriele Firzlaff did not yet rule on Wednesday on whether the dismissal issued by the German Swimming Association (DSV) in October 2022 in the wake of an abuse case was legal or not. The reason for the postponement is further announcements by the parties to the dispute regarding negotiations for possible out-of-court settlements, also due to new labor law findings. If there is no out-of-court settlement, the labor court determined that the parties must present a result of their talks by April 3. An announcement date will then be made. This may result in a verdict, but further hearing days may also be scheduled.

In the ARD documentary entitled "Abused - Sexualized Violence in German Swimming", former world-class water diver Jan Hempel made the allegations of sexual abuse against his long-time coach Werner Langer, who died in 2001, public for the first time in August 2022. According to the film, Langer had molested the 1996 Olympic silver medalist from 1982 to 1996. In the film, Hempel, now 51, accused the DSV and Buschkow of knowing about the allegations as early as 1997, but not having done anything decisive.

According to Hempel, Buschkow is said to have been informed about the incidents by national coach Ulla Klinger at the time. "I can't confirm that," Buschkow said in August. In 1997, he was the national coach for young talent and scouting at the national base in Berlin, but also the chairman of the DSV works council.

In comparison to the first hearing date in May 2023, the issue is no longer about Buschkow's demand for reinstatement. His employment contract with DSV was terminated on September 1 last year when he reached retirement age. A follow-up contract, which was to run until the end of the Olympic Games in Paris, had only been concluded verbally with the former DSV President Marco Troll. The judge pointed out that Buschkow's action to terminate the contract had not been received in time within a three-week period.

This means that Buschkow's claims now only relate to compensation for the period from October 2022 to the end of August 2023. "The previous demands are not feasible for us," said DSV Vice President Wolfgang Rupieper after the hearing and once again called for an out-of-court settlement. "This would be good for legal peace, because regardless of the outcome of a verdict, one side would appeal and it would take years," said Rupieper.

The DSV Vice President pointed out once again that all of the current legal disputes would not have been necessary if criminal charges had been brought against the perpetrators and accomplices in 1997. The DSV's independent investigation commission, which has since been set up, would present its final report on May 1st. Regardless of the civil court decisions, the question of guilt and innocence would be uncovered.