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The notice of dismissal has been lifted in the Labor and Social Court of Wels. The employment relationship is still in place, the woman is released with 90 percent of the earnings, the Upper Austrian Chamber of Labor (AK O) said in a broadcast on Sunday.
Those affected belong to the group of Covid 19 risk patients, according to AK O, their treating doctor even issued a corresponding certificate on two occasions. Later, the employee exercised her right to time off. The law states this if the employer cannot guarantee protection against infections at work or if the work cannot be done from home. In this case, the state reimburses the employer for wage costs. The regulation for risk groups Covid-19 initially applies until December 30, 2020.
But in the case of a seamstress from the Vcklabruck district, the employer announced his employee soon after. AK O successfully proceeded against the termination. The defendant company unreservedly acknowledged its employee’s claim during the negotiation and had to pay the costs of the litigation of 921.15 euros.
The court followed the opinion of AK’s lawyers that in the specific case there were no personal or operational reasons that would have required termination of the employment relationship. The seamstress was also not offered a replacement job. The termination was also considered socially hostile because it would have seriously harmed the applicant’s interests: the woman had to repay credits and loans. Furthermore, according to an expert report, due to the situation on the labor market, she had to expect to be unemployed for a long time in the foreseeable future or to receive at least 25 percent less income.
