argument, he just canât let it drop.â
He went on staring at me for a moment, then nodded. âI understand.â
I said, âIf he accepts that the medical certificate was correctly made out for Frau Fuchs, then his second reason for firing her falls through as well.â
He nodded. âYes, of course. Because then the lady didnât take time off just because she wanted to, she took time off because she was sick.â He shook his head. âThis is a definitely gloomy prospect.â
âThatâs what I told him myself.â
âAnd how did he react?â
âI thought he was going to throw me out, but then he just chucked this file at me.â I picked up Klofftâs folder and made as if to throw it Hochkeppelâs way.
Apparently he was tempted to laugh, but he suppressed the urge. After a while he said, âHow are you going to set about the case?â
âFirst Iâll study this file at my leisure. And then Iâll try to think what might be dug up and exploited for our benefit. For instance, it may be possible to claim that Frau Fuchsâs conduct was injurious to her health. I know she spent that week in a de luxe hotel, sheâll have been waited on hand and foot, but the whole trip might perhaps be represented as too strenuous for her; we could say that at the very least it delayed her recovery. It might be necessary to get an expert opinion.â
He raised one finger, âCareful! An expert opinion can get you quite a long way, but the courts are rather broadminded in such cases. As Iâm sure you know. If you have a medical certificate saying you must take time off work sick, it doesnât necessarily mean you have to stay in bed. Or even at home.â
âI know.â I laughed. âWasnât there once a case of someone who was off work sick and went away to take part in a pilgrimage?â
He waved this aside. âWell, yes, and thatâs only one of a whole series of judgements. Only one or two years ago there was one, I think it was the Hamm case, a woman, someoneâs common-law spouse, who was off work sick, went to a football match and moreover put on a stewardâs jacket because sheâd worked for the club before as a steward now and then, so her employer thought he could fire her without notice or any previous warning, for conduct liable to aggravate her state of health. Nothing doing! He lost spectacularly in the employment tribunal. Lost the appeal in the provincial employment tribunal too.â
After a brief pause he added, âThat woman had something the matter with her back too.â He smiled. âProbably another case of lumbar vertebral syndrome.â
âOK, Iâll take a good look at everything.â
He nodded. âKeep me in the loop. And something else.â He sat up straight in his armchair and looked intently at me. âDo everything necessary in this case, wonât you? And everything possible.â He stroked his chin. After a little hesitation he said, âWhatever happens, Iâd like to avoid the impression that I⦠or rather we⦠let the case fail when it could have been won. For which I would ultimately be responsible.â Another pause, and he added, âIt would look as if Iâd wanted him to lose. To get my own back on him.â
âIâll do my best.â I stood up, nodded to him, took Klofftâs folder and went to the door. As I was going out, he said, âWait, Alexander â wait a moment longer.â
I stopped and turned back. He was sitting there in his chair, hands on its arms, rubbing his forehead. âWhat did you say the woman was called⦠Frau Fuchs?â
I said, âYes, thatâs right. Frau Fuchs.â
âNot by any chance Katharina?â
âKatharina Fuchs, yes. A qualified engineer.â
He groaned, âOh no!â and looked away. âThat puts the lid on