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The Supreme Court (OGH) has now decided as a last resort, reported on Thursday “ORF Upper Austria”. The man, who once ran for the liberal AUF union in elections for staff representatives, was fired by the city of Wels without notice after the photo surfaced in late 2017.
After the employee successfully fought the firing all the way to the Supreme Court, the city attempted to turn the firing into a resignation. The man also filed a lawsuit against this, and obtained the right in the Linz Higher Regional Court in May 2020. However, the city of Wels appealed the ruling to the Supreme Court. This has now been rejected and the termination declared ineffective. According to the Supreme Court, the man was not guilty of a serious breach of official duties, nor of any act or omission that should have caused a loss of confidence on the part of the employer.
After three years of legal dispute, it is clear that the man’s employment relationship is still in place. “Therefore, my client will start his service with the city again. He will also demand a considerable additional payment that was withheld from him for a long time,” the man’s lawyer, Hubert Niedermayr, told the “Oberösterreichische Nachrichten.” It is not yet clear when your client can start working again. However, it is no longer used in the city guard. As Niedermayr announced, he could work in the city nursery in the future.
According to the lawyer, the man was a collector of war relics. The swastika flag is said to have been a memory of his grandfather. The prosecution suspended a criminal case against the magistrate’s employee for re-employment.
