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Violation of the duty to report and provide evidence in the event of failure to serve: Contributory fault in unjustified dismissal?
Partner RA Mag. Maria Schedle and Univ. Ass. Conrad Greiner, LLM. In the journal ARD (WU) provide a comprehensive overview of the current legal situation on this topic and raise the necessary awareness of the problem.
05
February
2026
Unfortunately, in practice, there is often an erroneous statement of dismissal when an employee is absent without a message and it turns out in retrospect that the absence was justified. It is important for employers to know in which cases the employee can claim contributory fault in the unjustified dismissal.
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