A young law student who was fired from his part-time job at a restaurant in Munich for attempting to set up a workers' council wins his case in court: the court recognizes discrimination, violations, and the right to substantial compensation.
*Cover photo for illustrative purposes only
The news
The world of catering is not just about aromas, ladles, and toasts. Sometimes it is also a legal chess game, where a poorly poured beer can become a symbol of abuse. This is what happened in Munich, where a young law student found himself at the center of a legal battle that seems straight out of a novel: he was summarily dismissed from his part-time job as a waiter simply because he dared to take the first steps toward forming a workers' council, as reported by the German magazine LTO. His reaction? A lawsuit that shook the very foundations of German labor law.
The Munich Regional Labor Court (LAG) overturned the first-instance ruling, finding in favor of the student and ruling that the employer is liable not only for lost earnings but also for the loss of benefits such as free food and drinks, and even lost tips. The amount? $100,000. This is not just a figure: it is the reaffirmation of the principle that no one can punish those who fight for workers' rights, even if that worker is young and employed part-time.
The legal process was far from straightforward. After being dismissed immediately, the student was asked to return to work, no longer in the dining room but in the kitchen. His refusal was immediately used as a pretext for a new termination of employment: a classic pressure tactic disguised as legitimacy. Not only that, but the employer justified the decision with unusual arguments: the student was young, childless, and only employed part-time, implying that these characteristics reduced the significance of the damage suffered. The court, however, ruled that these justifications were indirectly discriminatory: a violation of the law on equal treatment, which requires a formal written apology.
But the story does not end there. The young lawyer did not limit himself to claiming his salary: his demands also included the recovery of lost tips, reimbursement of the costs of washing his work uniforms, and even inclusion in the restaurant's WhatsApp group chat, as a symbol of moral and social reinstatement. The LAG ruling upheld all these claims, recognizing the violation of rights and the need for extended compensation, including back vacation pay: six months' pay for years of failure to provide information and failure to take vacation, with days distributed flexibly.
From a legal point of view, the case sets an interesting precedent. The liability of the employer – and even of its director – was established as personal and direct: despite the legal protection of a GmbH, the intentional wrongdoing pierced the corporate veil, imposing compensation even on private assets. This is a warning in a sector where the culture of worker sacrifice is often taken for granted, that even a young waiter can assert his rights.
But beyond the figures and legal formulas, what is striking is the ethical and human dimension of the story. The young student did not just ask for money: he demanded respect, recognition, and justice for a gesture, the idea of creating a workers' council, which should have been welcomed with openness, not punished with unfair dismissals. The ruling recognizes the value of the gesture, establishing that the right to decent work is not measured in hours or hierarchical positions, but in respect for the fundamental principles of fairness and dignity.
In a world where the restaurant industry is often celebrated for its glamour and creativity, but rarely for its internal justice, this story gives pause for thought. The beer flowing between tables at Oktoberfest has become a symbol of a wider battle, where respect for rights is not optional, and where even the youngest can become protagonists of change. The legal victory of a 24-year-old student shows that in the kitchen, as in life, it is not enough to pour quality ingredients: you also need to know how to mix ethics, courage, and awareness of your rights.
And perhaps, between a mug of beer and a schnitzel, the biggest lesson is that justice, like good service, takes time, attention, and a good dose of passion.
