Worker in Austria Awarded Multiple Compensation Payouts After Unlawful Dismissal During Sick Leave
07/28/2025

An Austrian worker from the Mistelbach district experienced injustice when he received summary dismissal just two days after starting sick leave.
Despite properly presenting a medical certificate, his company acted retroactively and the dismissal was delivered to him without prior warning, which is contrary to Austrian legal rules. The employer cited alleged shortcomings in his work as the reason, but did not present any concrete evidence. This move caused considerable financial and psychological uncertainty for the young man, writes Fenix Magazin.
The Chamber of Labour of Lower Austria intervened in his defense and through a legal battle managed to prove the unlawfulness of the dismissal. As a result, the worker received compensation of more than 9,200 euros, which includes back pay and benefits. The head of the Chamber of Labour branch in Mistelbach, Rudolf Westermayer, sharply condemned this practice and told workers to always seek legal help in similar situations. This story is not an isolated case; a law student from Munich went through something similar, and the court awarded him compensation of 100,000 euros and ordered the employer to issue an official apology.
Summary dismissal in Austria, known as fristlos kündigung, is permitted only in cases where there is a justified reason making the continuation of the employment relationship unbearable. Examples of such reasons include theft, violent behavior, serious breaches of work discipline, or dangerous behavior in the workplace. Sick leave with a valid medical certificate is by no means a reason for such dismissal. Also, the dismissal must be delivered no later than two weeks after the employer learns of the reason, and the worker has the right to legally challenge the dismissal within three weeks.
In Croatia and neighboring countries, such as Austria, summary dismissals are rarely justified unless they involve serious breaches of work obligations. Procedures are carefully regulated by laws that protect workers from injustice. When employers do not act in accordance with the law, they endanger workers' social security and may face serious legal consequences. Workers who find themselves in similar situations have the right to seek legal assistance and turn to expert institutions such as trade unions or chambers of labour.
For the protection of workers' rights, knowledge of the legal framework and awareness of the possibilities of legal action are crucial. Sudden and unjustified dismissals cause great stress and economic insecurity, but there are effective mechanisms by which such a decision can be challenged and compensation secured. It is always advisable to document all relevant facts and consult experts, which can prevent additional consequences and protect workers' rights.











