The attack took place in the branch of a forwarding company in the Wels-Land district: a shift manager gave a warehouse worker a new work order. When he replied that he would not be able to do it in the allotted time, an argument broke out and the supervisor slapped the worker in the face.
Bruises to jaw and head
The man immediately went to the hospital, where bruises on the jaw and head were found. But that’s not all: the day after that, the worker received the notice of termination – but not the attacker. “Due to the incident, we are terminating the employment relationship without notice,” the brief letter said. Completely uncomprehending, the man, who was first slapped and then dismissed, turned to the Upper Austrian Chamber of Labor (AK). The AK legal expert asked the company to pay outstanding claims after the unjustified dismissal. Specifically, it was about the aliquot Christmas bonus and a termination fee.
The company disagreed, saying the man had committed derelictions of duty, such as leaving work without permission and throwing away a tool.
However, the attacked person had also made a report to the police. In the investigation that followed, the shift manager admitted to pushing and hitting the man. He tried to justify himself: “It was a stressful day and I got a little louder.” Witness statements and video recordings also confirmed that the warehouse worker was not at fault.
All accusations with which the company wanted to justify the dismissal turned out to be unfounded. The company had to pay the outstanding payments after the unjustified dismissal in the amount of 5973 euros.
The AK advises all those affected to contact the AK immediately in the event of discrimination and violence. In the event of attacks, these should be documented as precisely as possible, witnesses should be called in and – if there are any – the works council should be informed.