Help from the AK

Spontaneous service not possible: waitress dismissed

A Carinthian waitress lost her job - unjustifiably, so the Chamber of Labor was able to win her 6900 euros gross.(Bild: S-MOTIVE)

Employees have duties, but also rights. One of the tasks of the Chamber of Labor is to ensure that they are not deprived of these rights. It has just fought for 6900 euros gross for a waitress who was unfairly dismissed without notice.

Completely unexpectedly, the employee received a call telling her to start work several hours earlier than agreed on the same day, which she rightly refused. This was promptly followed by the next change to the duty roster for the following day: she was also to work on her day off. The employer's reaction to her renewed, justified refusal was drastic: he first informed her of her dismissal without notice via company chat, followed three days later by a written letter of termination.

"Short-term roster changes are only permitted with the employee's consent. A refusal does not justify dismissal without notice," explains AK labor law expert Stefanie Unterpirker.

Such an approach is not legally tenable.

Stefanie Unterpirker, AK-Arbeitsrechtsexpertin

Bild: Hannes Pacheiner

The AK labor law expert was able to win around 6900 euros gross for the Carinthian woman. The sum is made up of compensation in lieu of notice, wages and other termination entitlements such as vacation compensation and special payments. 

AK President Günther Goach emphasizes: "This case shows once again that employees are not without protection. We stand by our members - competently and free of charge!"