Austrian Court Orders €17,770 Payout After Boss Fired Worker Over Missing Timesheets—Which He’d Waived
Published on 07/27/2026 at 16:22 | Redaktion boerse-global.de
A regional court in Feldkirch, Austria, has ruled that a company cannot exempt a field-service employee from recording his working hours and then fire him for not having those records. The decision, handed down on 27 July 2026, awards the former worker €17,769.66 gross in compensation and reinforces strict legal limits on summary dismissals.
The case centred on a sales representative whose employer accused him of misusing work time—colloquially, “bludging” or “bluemaking.” The company pointed to gaps in the data and logs of the employee’s activities as evidence. But during the legal proceedings, a critical contradiction emerged: management had explicitly relieved the worker from the general duty to keep time records. The same missing data was later used to justify instant dismissal.
Judges at the Landesgericht Feldkirch found this sequence of actions unacceptable. An employer cannot first waive documentation requirements and then treat that waiver as proof of misconduct, the court held. The termination was declared invalid.
The compensation package covers multiple claims arising from the unlawful immediate end of the employment relationship. Legal experts note that the ruling underscores how accusations of time theft require solid, consistent evidence. Summary dismissal—the harshest sanction in Austrian labour law—is permissible only for a severe breach of the duty of loyalty. When an employer voluntarily limits its own ability to monitor, as happened here, its position in any later dispute is substantially weakened.
For HR and legal departments, the Feldkirch decision carries particular weight for managing field staff and trust-based working-time models. Labour-law specialists stress that clear agreements on performance documentation are essential to avoid misunderstandings and legal exposure. While trust-based hours and freedom from rigid controls can boost motivation, they do not relieve the employer of the obligation to conduct a fair, thorough investigation if serious allegations arise.
This ruling is a stark reminder that workplace policies must be consistent and well-documented. For UK employers, having clear, legally compliant health and safety documentation in place is just as critical. A free toolkit provides ready-to-use risk assessments, checklists, and guidance to help you meet your obligations under the Health & Safety at Work Act 1974. Download the free Health & Safety at Work Act 1974 Toolkit
Courts, the ruling shows, scrutinise whether an employer’s conduct before and during a dismissal is free of contradictions. Because the firing was deemed invalid, the employee may also be entitled to further claims arising from the ordinary end of the employment relationship, beyond the €17,769.66 gross now awarded.
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