A summary dismissal is the immediate termination of the employment relationship for good cause. For white-collar employees, the legal basis is § 27 of the Salaried Employees Act (AngG). For blue-collar workers, it is § 82 of the Trade Regulation Act 1859 (GewO). The employer must dismiss you without undue delay after learning of the ground. If the employer waits, they lose the right to dismiss and the summary dismissal is unjustified. Your employment still ends, but in the case of an unjustified summary dismissal, you have the same claims as on termination with notice: compensation for the notice period, severance pay and outstanding remuneration.
A summary dismissal usually comes as a surprise – and it hits hard. Your employment ends immediately, and your income stops from one day to the next. But not every summary dismissal stands up in law. If there is no recognised ground for summary dismissal, or if the employer waited too long, the dismissal is unjustified – and you have claims against your employer. We review your case quickly and keep a close eye on the deadlines.
What is a summary dismissal?
A summary dismissal is the immediate termination of the employment relationship for good cause. Unlike termination with notice, which ends the employment only once a notice period has run, a summary dismissal takes effect the moment it is given. It is permitted only if there is good cause recognised by law that makes it unreasonable to expect the employer to continue the employment relationship. Whether such a ground actually existed is often the central point of dispute – and it turns on the precise facts of the case.
Grounds for summary dismissal – when is it justified?
The law sets out the permitted grounds for summary dismissal, and they differ depending on the group of employees:
White-collar employees – § 27 AngG
- Untrustworthiness: conduct that destroys the employer’s trust – such as theft, breach of trust or serious dishonesty.
- Persistent breach of duty: repeated or stubborn refusal to do your work despite a warning.
- Unjustified absence from work: staying away from work for a longer period, or repeatedly, without a valid reason.
Blue-collar workers – § 82 GewO
For blue-collar workers, the grounds for summary dismissal in the Trade Regulation Act 1859 (§ 82 GewO) apply. They cover comparable categories (for example, breach of trust, refusal to work, persistent absence).
The key point: a summary dismissal must be given without undue delay
Even if there is a ground for summary dismissal, the employer must dismiss you without undue delay as soon as they learn of the ground. If the employer waits, the right to dismiss is lost – and the dismissal is then unjustified. Your employment still ends, but you are entitled to compensation for the notice period and your other claims. The reason: an employer who keeps you on despite knowing of the ground shows that continuing the employment relationship is reasonable after all.
Unjustified summary dismissal – what can I claim?
If the summary dismissal is unjustified – because there is no legal ground, or because it was given too late – you generally have the same claims as on termination with notice by the employer:
- Compensation for the notice period: your remuneration up to the termination date that would have applied had the proper notice period been observed.
- Severance pay: any severance pay you are entitled to under the ‘old’ or ‘new’ scheme is preserved or becomes payable.
- Outstanding remuneration: wages or salary not yet paid, overtime, pro rata special payments (the 13th and 14th monthly salaries) and compensation for annual leave not taken.
The exact amount depends on your length of service, your remuneration and the termination date, and has to be calculated case by case.
What to do straight away
- Do not sign anything you do not understand – in particular, do not sign a ‘termination by mutual agreement’ or a waiver under pressure.
- Document what happened: the date and time of the summary dismissal, when the employer learned of the ground, witnesses, written evidence.
- Keep your documents safe: employment contract, payslips, correspondence, the letter of dismissal.
- Do not let deadlines pass – have your claims checked quickly. Delay can cost you your rights.
- Get a legal assessment: the earlier your case is reviewed, the easier it is to secure your claims and avoid mistakes.
Costs & duration – an honest view
How long it takes to pursue your claims after a summary dismissal, and what it costs, depends on the individual case. Much can be resolved out of court, and therefore faster. If the facts or the law are in dispute, proceedings before the Vienna Labour and Social Court (ASG Wien) may become necessary. Worth knowing: if you have legal expenses insurance, it often covers the costs – we check your cover with the insurer in advance. We tell you openly what can realistically be achieved, and we make no promises of success.
Summary dismissal cases reported in the media
We have repeatedly represented employees challenging summary dismissals that the courts found to be unlawful or unjustified. The press reported on these cases. A selection:
‘More protection for staff representatives’
A works council member at Wiener Linien had been summarily dismissed after criticising the lack of Covid protective measures. The Supreme Court upheld the decisions of the lower courts: the dismissal was unlawful – the special protection for works council members also applies to contract staff of the provinces and municipalities. We represented the works council member.
View original clipping (PDF) →‘“Assault row” at the ambulance service: court clears paramedics’
Two paramedics were summarily dismissed following allegations about a call-out involving a homeless man. After the accused paramedic was acquitted in the criminal proceedings, the labour court also found the dismissal unjustified; the City of Vienna must pay one of the two around €7,240 in arrears plus interest. We represented the men.
View original clipping (PDF) →‘Bus driver took a beating and lost his job for it’
A long-serving bus driver was physically attacked by a colleague at a bus stop – the employer then summarily dismissed not only the attacker but him as well. The Vienna Labour and Social Court declared his dismissal invalid (the judgment was not yet final at the time). We represented the driver.
View original clipping (PDF) →How we help
We check quickly whether your summary dismissal was justified, whether it was given without undue delay and what claims you have – clearly, with an eye on the deadlines and without false promises. We represent you both out of court and before the Vienna Labour and Social Court. If you have been summarily dismissed, do not wait.
Contact: Teamanwälte, Mag. Johannes Bügler · Baumgartenstraße 82, 1140 Vienna · Phone +43 1 419 13 18 · office@teamanwaelte.at. Make an appointment for an initial assessment of your summary dismissal.
For an overview of the whole area, see our page on Employment & social security law. Related topics: Challenging a termination and Severance pay.
Note: This page provides general information and is no substitute for legal advice on your individual case. The provisions and claims mentioned must be checked in each individual case. We cannot guarantee any particular outcome. For a binding assessment of your situation, please book a personal consultation.