AK helped employees – wrong termination: beaten and fired by the boss

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“It was a stressful day” – with these words the shift manager of a forwarding company with a branch in the district of Wels-Land would have justified why he hit a warehouse employee in the face with his hand. The man suffered bruises to his jaw and head – and was released the next day.

The Chamber of Labor (AK) Upper Austria reports on the sensational case. It would have gone like this: the shift leader, as supervisor, gave a warehouse employee a new work order. He replied that he would not be able to do it in the given time. An argument then broke out, during which the supervisor hit the employee in the face with his hand. Injured, he went to the hospital.

He was released the next day
The employee was immediately on sick leave because of bruises in his jaw and head. He was released the day after: “Due to the incident, we are terminating the employment relationship without notice,” the brief letter said. The attacker was not released in return. Completely without understanding, the man who was first beaten and then released turned to the AK.

Christmas bonus and severance pay
An AK lawyer wrote a letter of intervention after the man credibly described that he had not behaved in a manner that would justify his dismissal. In the letter, the AK asked the company to pay outstanding claims after the wrongful dismissal. In the case of the employee, these were the aliquot Christmas bonus and a severance payment.

The company, on the other hand, presented the facts differently and stated that the man had committed a dereliction of duty. For example, he left the workshop without permission and threw away a tool.

The shift chief eventually confessed to the crime
However, the attacker also reported the incident to the police. In the ensuing investigation, the team leader admitted to pushing and hitting the man. He tried to justify himself: “It was a stressful day and I got a little louder.” Testimony and video footage also confirmed that the warehouse worker was not at fault.

According to the Labor Chamber, all allegations that the company used to justify the dismissal turned out to be unfounded. After an amicable settlement, the company had to pay the arrears – almost 6,000 euros – after the dismissal.

Source: Krone

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