Loyal employee released because of photo errors-the court victory is coming!

Loyal employee released because of photo errors-the court victory is coming!

Armin W. from Vienna experienced a shocking incident when he was released without notice after 18 years of loyal work in a publisher. The loyal employee, who was rarely missing during the Corona pandemic due to illness, was wrongly released due to a misunderstanding on social media. After a positive corona test, he had to go to quarantine, a fact that fell with his wedding day. On this occasion, his wife published an old vacation photo on social media, which was incorrectly interpreted by the publisher as evidence of an unauthorized vacation during his sick leave.

How the reporting of Kosmo was spoken out without prior consultation, which Armin felt unjust. Labor law in Austria stipulates that social media activity during sick leave can only lead to dismissal if this endangers the recovery goal or the relationship of trust is massively disturbed. Assumptions alone are not sufficient for legitimate dismissal.

legal support

In order to take action against the unjustified termination, Armin was looking for support from the Vienna Chamber of Labor (AK). As explained The Chamber of Labor , dismissal is the termination of the employment relationship without notice by the employer and must be expressed immediately after the relief group became known. Disease is only justified if there is a corresponding reason; Otherwise it is illegal.

The AK intervened successfully at the publisher, which gave Armin a termination compensation of over 70,000 euros and additional payments for non -used vacation days. A similar incident occurred in 2019 when an employee from Neunkirchen was wrongly terminated due to Instagram posting during her sick leave. These cases show how important legal advice and support for unjustified dismissals are.

The basics of labor law

In general, labor law states that layoffs are only permitted in the event of serious misconduct. Employees can contest layoffs if there is no reason for dismissal or the termination takes place from inadmissible motives. The Chamber of Commerce points out that employers are also obliged to inform the labor market service (AMS) if they plan a certain number of terminations to activate an early warning system.

The legal provisions on layoffs are crucial for the protection of employee rights and the maintenance of a fair work environment. While a legitimate disadvantage can bring financial disadvantages for the employee concerned, those who have been illegally terminated are entitled to all claims to a timely termination, including the termination allowance and other services.