09/26/2018 Supreme court (OGH): Non-notification of the extension of a sickness leave

What are the implications if an employee is on sickness leave and sends you a date on which he will return to work and then fails to do so? The supreme court published a ruling concerning this case, find out more here:

In the actual case a floorer was – due to a disc prolapse – on sickness leave starting with May 23rd. The doctor’s note did not show a planned return date. After an inquiry of the employer the employee reported May 30th as his return date.
On May 30th the employee informed his employer that he will be back to work one day later, on May 31st.
The employee did not come to work on May 31st and the employer was not able to reach him. Therefore the employer sent a mail to the employee stating that the employee will not receive salary from June 1st onwards, as he failed to come to work on the agreed date.

The employee contacted the employer on June 13th stating that he does not yet feel able to work. One day later they agreed on the mutual termination of the employment.

The employee did not receive a salary from June 1st to June 14th, neither ongoing salary nor the pro rata special payments or the compensation for unused holidays.

Ruling of the supreme court:

The employee failed his obligation to report, therefore the actions of the employer (not paying the salary and the pro rata special payments for the period of June 1st to June 14th) were justified according to the supreme court.
The ruling regarding the compensation for unused holidays was in favour of the employee, the employer had to pay the full compensation.



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