A court in Germany has ruled that it is not a sackable offence for a man to grope a woman's breast in the workplace after a mechanic who fondled a cleaner won a legal ruling.

Judges of the Federal Labour Court sitting in Erfurt said that the car mechanic who groped the 26-year-old while saying 'these look like fun' should not have been dismissed.

They ruled that a single instance of groping was tolerable but said that serial fondling should result in the sack.

The Federal Labour Court sitting in Erfurt, pictured, made the ruling saying that a single instance of groping was 'tolerable'

The mechanic said he didn't know what came over him and paid the woman some compensation but said he was upset to be fired.

He was sacked in 2012 over the incident and appealed the decision through various courts before it ended up at the Erfurt courthouse this week.

Judges heard that the man had a 'moment of madness' when he caressed the breasts of the cleaning lady.

The court was told he made comments about her, and then grabbed hold of her, when he encountered her in the bathroom at the garage where he worked near Erfurt.

She immediately pushed him away and complained to his boss.

In a conversation with his employer, he admitted the incident and stated that he had 'forgotten for a second' who he was.

He apologised to the woman, paid her some money and promised it would not happen again - but he was still sacked for sexual harassment in the workplace.

After hearing of the circumstances of the case, the apologies of the man and the fact that he was 'sincerely sorry' the court released a statement about their findings.

The ruling was made after hearing the case of a mechanic who groped the breasts of a cleaning lady at a garage where he worked (stock picture)

It said: 'Sexual harassment in the workplace must not lead to the immediate termination of the offender.

'If unethical approaches actually entail a dismissal, it should depend always on the circumstances of the case.'

The Labour Court said a 'cease and desist' letter should have sufficed, and that firing the man, aged 37, who had worked at the firm for 16 years, was a step too far.

The garage has been ordered to reinstate him but has said it may appeal the verdict.