Gross Misconduct Dismissal Letter Template for Austria

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Key Requirements PROMPT example:

Gross Misconduct Dismissal Letter

"I need a Gross Misconduct Dismissal Letter under Austrian law for a senior financial analyst who was found engaging in unauthorized trading activities and data manipulation, with the termination to take effect from January 15, 2025."

Document background
The Gross Misconduct Dismissal Letter is a crucial document used in Austrian employment law contexts when an employer needs to terminate an employment relationship immediately due to serious misconduct. This document is typically used in situations where an employee's actions constitute a fundamental breach of their employment obligations, such as theft, fraud, violence, serious insubordination, or other grave violations of workplace policies. The letter must comply with Austrian labor law requirements, particularly the provisions of the Salaried Employees Act (Angestelltengesetz) and the Austrian Civil Code (ABGB). It should clearly state the grounds for immediate dismissal, reference specific incidents, and outline the legal basis for the termination decision. The document serves both as a formal notification to the employee and as potential evidence in any subsequent legal proceedings, making precise drafting and proper documentation essential.
Suggested Sections

1. Date and Address Block: Current date and full contact details of both employer and employee

2. Subject Line: Clear indication that this is a notice of immediate termination for gross misconduct

3. Introduction: Formal statement of immediate termination with reference to employment contract and relevant legal provisions

4. Details of Misconduct: Specific description of the incident(s) constituting gross misconduct, including dates, times, and locations

5. Legal Basis: Reference to specific provisions in Austrian law and employment contract that justify immediate dismissal

6. Termination Effects: Clear statement of immediate termination date and immediate cessation of duties

7. Return of Company Property: List of items to be returned and deadline for return

8. Final Payment Information: Details of final salary, outstanding vacation pay, and other entitlements

9. Signature Block: Company representative's name, position, and signature space

Optional Sections

1. Previous Warnings: Include if there have been prior documented warnings or related incidents

2. Works Council Reference: Include if works council was consulted or if employee has right to works council representation

3. Non-Compete Reminder: Include if employment contract contains post-termination restrictions

4. Handover Instructions: Include if employee needs to hand over specific projects or responsibilities

5. Legal Rights Notice: Include if required to inform employee of right to challenge dismissal

6. Garden Leave: Include if employee is to be placed on garden leave during notice period

Suggested Schedules

1. Evidence Documentation: Copies of relevant evidence supporting the gross misconduct claim

2. Previous Warning Letters: Copies of any previous warning letters or documentation of prior incidents

3. Company Property List: Detailed inventory of company property to be returned

4. Final Settlement Calculation: Detailed breakdown of final payment calculations

5. Investigation Report: Summary of internal investigation findings if applicable

6. Witness Statements: Copies of relevant witness statements if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Manufacturing

Financial Services

Healthcare

Retail

Technology

Professional Services

Construction

Education

Hospitality

Transportation

Energy

Telecommunications

Public Sector

Industrial

Real Estate

Relevant Teams

Human Resources

Legal

Compliance

Senior Management

Employee Relations

Personnel Administration

Corporate Governance

Operations Management

Relevant Roles

HR Director

HR Manager

Legal Counsel

Employment Lawyer

HR Business Partner

HR Administrator

Personnel Manager

Chief Human Resources Officer

Employee Relations Manager

HR Compliance Officer

Department Director

Chief Executive Officer

Managing Director

Operations Manager

Line Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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