Waiter fights his way to 100,000 euros - and a written apology!

From the tray to the bench: How a law student won the labor dispute

What sounds like a Hollywood screenplay has become reality in Munich: A law student who was working as a waiter in a restaurant was thrown out - without notice. The reason? He wanted to set up a works council. But instead of backing down, the young man launched a legal counter-attack - with a whopping 36 points of complaint.

The result: 100,000 euros in compensation, six months' paid leave and - even more curiously - a written apology from the ex-employer. And all this for a mini-jobber.

Tipping is worth more than many people think

One of the fiercest points of contention: The tip. The Munich Regional Labour Court recognized lost tips of 100 euros per shift as genuine damages. A shock for many employers, as this makes it clear that voluntary payments from guests can also be claimable - if they are systematically part of their income.

But that was not all. Glass money - i.e. flat-rate deductions for broken glasses - and laundry money for work clothes also ended up on the list of charges. Even discounted food and drink after the shift was included. The court made it clear that anyone who throws their employee out of work for no reason must pay the entire loss of earnings - and in detail.

Resignation as revenge: it backfires

The court had a clear opinion: the dismissal was not only unlawful, but also targeted harassment against the planned establishment of the works council. The transfer to the kitchen and the sudden dismissal were pure attempts at intimidation - and therefore discriminatory.

Particularly explosive: the managing director was held personally liable. The protective wall of the GmbH - normally a secure bulwark - was breached by the court. Why? Because, according to the ruling, the dismissal was intentional and unlawful. This is also uncharted territory under labor law.

Six months' vacation and a written apology - that's a real thing!

Also noteworthy: the student receives six months' paid leave. The reason: the employer had never informed him of his vacation entitlement. According to the law, such entitlements do not expire.

Even more spectacular: the employer must apologize in writing. A real rarity in German labor courts - and a novelty for many lawyers.

This case shows what is possible - even as a mini-jobber.

Of course, 100,000 euros is a lot of money, and many will wonder whether this is not excessive. But anyone who dismisses employees simply because they want to exercise their rights must bear the consequences - personally and financially.

The fact that the court even ordered an apology is a clear signal to all employers: stop the arbitrariness! The works council is not an enemy, but a fundamental right. Perhaps the ruling will not become the standard - but it will make employers think. And that's a good thing.

Fighting for your rights? Let our experienced lawyers help you enforce your claims. Contact us now!

to the lawyer

At a fixed price of 169 EURO (gross)