Student wins €100,000 from employer in court

A law student who worked as a waiter in the restaurant industry successfully sued his employer for €100,000 in damages, a written apology, and six months of paid vacation. The Munich Regional Labor Court ruled in his favor on all points.

The case began when the student wanted to establish a works council. Subsequently, the employer stopped scheduling him for work and later terminated him without notice, allegedly for refusing to work. However, the court recognized that the real reasons for the dismissal were related to the works council establishment and that the employer wanted to disadvantage the student.

The court awarded the student various compensations: lost wages, lost tips (€100 per shift), costs for discounted food and drinks, overtime pay, laundry costs for work clothing, and default wages. Additionally, the employer must apologize in writing, as his justification for the dismissal was age-discriminatory. The student also received six months of paid vacation because the employer never informed him of his vacation rights.

Particularly noteworthy is that the managing director was also held personally liable for intentionally violating protective laws.