A waitress was accused of faking a viral illness and lost her job at a pastry shop. But she was right – and now her ex-boss has to dig deep into his pockets. He is threatened with enforcement action to collect the fine.
As temptingly sweet as the pastries in the display case are, so disgustingly bitter is the aftertaste of a waitress from her previous job in a pastry shop in the Oberwart district. Only because she had contracted a contagious viral disease and the boss did not believe her, the Hungarian was put on edge. To avoid confusion: the well-known pastry shop is not the one in the Kurpark in Bad Tatzmannsdorf.
Everything happened correctly according to the law
Immediately after the unpleasant diagnosis, the waitress informed her employer about her unpleasant, painful situation. Instead of good wishes, she received a dismissal letter in response days later. The employee had to accept the accusation that she had only falsified her sick leave because she wanted to enjoy an unauthorized vacation.
This dramatic turnaround cost her her life shortly before Christmas 2021. The waitress did not want to tolerate the blatant accusations and turned to the Chamber of Labor in Oberwart for legal advice. Since an out-of-court settlement was not possible, the woman involved filed a lawsuit with the court with expert support.
Evidence in court
“The trial showed that the accusation of her former employer was false. The waitress was able to prove that she suffered from a highly contagious viral infection and was demonstrably incapacitated for work,” explains AK legal expert Tanja Weingrill. The first court agreed with the employee. The bakery was ordered to pay more than €9,000.
But the dispute was far from over. Although there was no legal reason for dismissal and the expulsion was therefore unjustified, the former employer did not accept the ruling of the first judge. The original verdict was appealed to the Vienna Supreme Court.
Fines are collected by execution
All attempts by the pastry shop to prevent the verdict failed. Now, with the help of the Chamber of Labor, the further procedure has ended in favor of the waitress. After a two-year dispute between lawyers, the woman can look forward to a legally binding verdict. Unfortunately for her, an execution is necessary to get justice. The money awarded to her must be collected through coercive state power, as they say. A bitter aftertaste remains.
Source: Krone
I’m Ben Stock, a journalist and author at Today Times Live. I specialize in economic news and have been working in the news industry for over five years. My experience spans from local journalism to international business reporting. In my career I’ve had the opportunity to interview some of the world’s leading economists and financial experts, giving me an insight into global trends that is unique among journalists.
