In many jurisdictions, severance pay sick leave depends on several factors, but a recent case shows that even a dismissal over two glasses of wine during sick leave can lead to a reasonable severance.
The Labour Court of [city] awarded €24,000 to an employee who was dismissed for having two glasses of wine while on sick leave. The judgment highlights important principles of dismissal protection that may also be relevant to you if you are terminated during a period of incapacity for work.
Understanding severance pay sick leave and your rights
Generally, a dismissal during sick leave is not automatically invalid. When evaluating such cases, the concept of severance pay sick leave often comes up to gauge whether the termination was proportionate.
In the case of the two glasses of wine, the court found the dismissal to be disproportionate. Having a glass of wine while on sick leave does not automatically breach your contractual duties. What matters is whether the behavior endangers your recovery or contradicts medical advice. An isolated slip‑up will in most cases not justify a dismissal.
When is a dismissal during sick leave invalid?
A dismissal is invalid if it is socially unjustified. This occurs when it is not grounded in personal reasons, behavior, or urgent operational needs. A dismissal based solely on the illness itself – for example, frequent sickness – is subject to special requirements. For a dismissal based on conduct during sick leave, the employer must prove that the behavior constitutes a substantial breach of duty.
In the wine‑glass case, the court saw no substantial breach. The dismissal was therefore invalid. The employee could, in principle, have been reinstated. Instead, a severance payment was agreed – apparently within a settlement or as a result of the court’s weighing of the evidence. The €24,000 awarded are not a statutory guarantee but the outcome of a negotiation or judicial decision.
What you should know about severance pay during sick leave
The amount of severance pay during sick leave depends on factors such as length of service, salary level, age and the prospects of winning a dismissal‑protection claim. In many discussions, the term severance pay sick leave is used as a shorthand for compensation linked to incapacity for work.
In the wine‑glass example, even a relatively minor breach of duty can lead to a severance if the dismissal is deemed disproportionate. However, the €24,000 figure is not a benchmark for every case. Depending on salary and tenure, the sum may be higher or lower. An employee with ten years of service and a monthly salary of €3,000 could expect roughly €15,000 under the rule of thumb – but only if the employer makes the offer.
How to react correctly to a dismissal during sick leave
If you are dismissed while on sick leave, act quickly. The deadline for filing a dismissal‑protection lawsuit is three weeks after receipt of the notice. Missing this deadline makes the dismissal effective even if it was unfounded. Seek immediate advice from a specialist lawyer for employment law. A lawyer can assess whether the dismissal is valid and estimate your chances of obtaining a severance.
At the same time, secure evidence: document your sick‑leave certificate, the dismissal notice and all relevant communications. If the employer alleges that you violated your duties while off sick, gather anything that supports your version of events. In the wine‑glass case, a medical certificate confirming that the wine consumption did not impair recovery could be helpful.
Negotiation tips for a higher severance
A severance is always a matter of negotiation. The employer usually prefers to avoid a protracted court battle, especially when the dismissal is vulnerable. Use this bargaining position. Let your lawyer give you a realistic assessment of what a court would likely award. Often a settlement is more attractive for both sides than a judgment.
In the wine‑glass case the court awarded €24,000 – showing that even a dismissal over a trivial matter can result in a substantial severance. If you find yourself in a similar situation, do not hastily accept the first offer. First verify whether the dismissal is actually lawful. If it is not, you have strong leverage. The same principle applies in other scenarios, such as workplace bullying – see our article on Severance pay for mobbing.
The role of a litigation funder in your severance claim
Pursuing a dismissal‑protection claim involves costs – and the risk of having to cover the opponent’s legal fees if you lose deters many people. Here a litigation funder such as RechtStark can help: we review your case and, in the event of success, cover the expenses. You pay only if you win. This enables you to enforce your rights without taking on financial risk.
RechtStark is not a law firm and does not represent you in court. We merely finance the proceedings. Legal representation is provided by an independent specialist lawyer for employment law. If you are aiming for a severance payment due to incapacity for work, you can first obtain a free consultation from a lawyer and then check whether litigation funding is suitable for you.
Conclusion: Even during sick leave there are chances for a severance
The wine‑glass example shows that a dismissal during sick leave is not automatically valid and that a severance can be obtained even when the employer alleges a breach of duty. What matters is that you respect the three‑week deadline and obtain legal advice promptly. A severance is not a gift from the employer but the result of negotiation or a court decision. With the right strategy – and, if needed, litigation funding – you can enforce your claims.
Note: This article is for general information purposes only and does not replace individual legal advice. For a free initial assessment of whether litigation funding may be an option for your case, you can contact RechtStark.