Dismissed on sick leave: AK Vöcklabruck earns more than 16,000 euros for a father of three

2023-08-03 06:02:13

The success of the Chamber of Labor for the locksmith is proof that it is worth seeking legal advice and advice from the nearest AK district office

AK President Andreas Stangl

Linz – Shortly before his 25th service anniversary, the world collapsed for a 51-year-old locksmith from the district of Vöcklabruck. His employer fired him while he was on sick leave. The man would not have made the jump to a full annual salary for severance pay and would not have received any anniversary bonuses. With the help of AK Vöcklabruck, the worker received an additional payment of more than 16,000 euros.

A man from the Vöcklabruck district had been employed in a company for more than 24 years when his employer fired him by phone while he was on sick leave three days before Christmas Eve 2022. And that despite the fact that the works council had expressly opposed the dismissal of the 51-year-old employee. The person concerned even visited the company, where the termination was also confirmed in writing. In October 2023 he would have celebrated his 25th service anniversary and would have been entitled to an annual salary for severance pay.

The locksmith turned to the Chamber of Labor and asked for a challenge to the dismissal due to social injustice. The AK district office in Vöcklabruck also brought this before the competent labor and social court. The reason: The dismissal was socially unjustified because there were no operational requirements for it and the employee was never guilty of any breach of duty. In addition, he relies on the income from working for the company to cover the cost of living for himself and his family with three minor children. If you lose your job, you cannot expect an adequate replacement job.

Parallel to the ongoing court proceedings, the Chamber of Labor held further talks with the works council and the employer. An agreement was reached on the payment of three additional monthly payments for severance pay and the anniversary bonus. Thanks to this agreement, the court proceedings could be ended and the man received 16,315.08 euros.

„The success of the Chamber of Labor for the locksmith is proof that it is worth seeking legal advice and advice from the nearest AK district office“, says AK President Andreas Stangl. Whether by e-mail, by telephone or by making an appointment on site, directly in the region – it is better to ask once too often than to forego claims and rights.

You can find a printable photo of AK President Andreas Stangl herefor free use with indication of the copyright (AKOÖ / Florian Stöllinger).