Dismissal for extended lunch break


A worker may be dismissed summarily if he “has left work without authorisation”. The absence must be substantial and without a legitimate reason. Working breaks can only be used as a reason for dismissal if they last a significant amount of time and have an impact on normal work performance. The employer has the onus of proofing the relevant significance. If the company has a long-standing practice of extending breaks, the employer must draw the employee's attention to the fact that the behaviour is inadmissible and unsustainable by giving an expressive warning and can effect the dismissal in the event of renewed infringement than. [OGH 29.05.2018, 8 ObA 7/18i]