Forklift driver after immediate dismissal: 23,000 euros repayment!

Forklift driver after immediate dismissal: 23,000 euros repayment!

A forklift driver from Lower Austria was removed from his employment without notice due to allegations of infidelity. The employee is said to have given a customer additional goods without prior approval. These allegations led to the company terminating the relationship after eight years of employment.

According to the first information published by 5min.at, the forklift driver noted the additional quantity on the loading slip and collected the associated additional costs. Despite the serious allegations that were intended to justify the immediate dismissal, it later turned out that no damage had been caused to the company.

Decision of the court

The forklift driver contacted the district office in Melk, which ultimately took the case to court. The court ruled that the employee's dismissal was not justified. In case law, dismissals are defined as the termination of the employment relationship without notice, which must be based on an important reason that makes the continuation of the employment relationship unreasonable, as can be seen from cavar.legal.

The court converted the dismissal without notice into an amicable termination. The forklift driver received over 23,000 euros net in outstanding claims. In this way, he was able to compensate for the financial losses that would have resulted from the sudden termination of the employment relationship.

Legal aspects of dismissal

As the Chamber of Labor explains, a dismissal must be announced immediately after the reason for the dismissal becomes known. In addition, there are no specific formal requirements; a dismissal can be made verbally, in writing or by conclusive action. Alternatively, dismissals can also be contested, for example if there is no clear reason for the dismissal.

It is important for employees to know that justified layoffs can often result in financial disadvantages. However, in the present case it has emerged that the forklift driver was compensated for his wrongful dismissal. In the event of an unfair dismissal, the employee is entitled to all the rights that he would have had if he had been dismissed normally, including compensation for dismissal.

The rules for dismissal are usually clearly defined, but practice shows that they can often lead to controversy. The court's decision in this case could serve as a precedent for similar situations where employers act hastily without considering the full situation.