Dismissed without cause

Fired employee was paid unemployment benefit in arrears

The Upper Austrian Chamber of Labor in Linz

(Bild: Markus Wenzel)

While on sick leave, a worker from Linz was dismissed by his Viennese employer without notice and without cause. His unemployment benefit was therefore also withdrawn. The Upper Austrian Chamber of Labor filed a complaint on behalf of the injured party and was able to obtain a considerable sum of money for him. 

A worker from Linz had worked for a Viennese company for seven months. However, when he sent his boss a notification of incapacity for work, she dismissed him without notice via WhatsApp. The AMS also cut off his first 28 days of unemployment benefit as a result. 

Case reassessed
The worker turned to the AK OÖ, which quickly recognized that there was no reason for the dismissal. It was therefore unjustified, as was the suspension of unemployment benefit. A complaint was lodged with the AMS, and after the case was reopened, the suspension of unemployment benefit was also lifted.

Substantial sum paid in arrears
But that was not all: due to the unjustified dismissal, claims under employment law, such as wages, vacation pay and special payments, were also outstanding. The worker was also entitled to compensation for dismissal. In total, he was paid almost 2,700 euros in arrears.