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A Viennese accountant was fired because of her migraine! With the help of the AK, he went to court and is now allowed to keep his job.
The problems began in the fall of 2019 with a change of direction, when Tamara R. had “a bad feeling.” She was confident in the quality of her work, after all, she had served the company well for five years. “But I have migraines. When I have a seizure, I hang on the toilet for 24 hours. It cost me four to five kilos at a time. I was afraid of being fired if the migraines became too frequent.”
R. obtained confirmation that, due to these migraine attacks and other circumstances, he belonged to the group of disabled people with special protection against dismissal. That means: the employer could no longer unilaterally fire Tamara R. The employment relationship could only have been resolved if the employee agreed to an amicable solution.
Otherwise, a dissolution is subject to the strict regulations of the Disabled Employment Act and could only be terminated with the approval of the Committee on Disabilities for serious reasons. In January they told him that he would get a job in another company owned by the same owner and that he had to sign the “mutual agreement”.
Put under pressure
Tamara R. was on guard, she sought the advice of the AK and did not sign: “Why should I do that if I have nothing in writing for the other position?” Then the employee was put under pressure, twice as difficult for a person with migraines. Tamara R. fell ill.
After three months, her doctor still did not want to give her a health record, but Tamara R. insisted on returning to work and was eventually discharged without notice. Reason: The employee had been unreliable, as she refused to further discuss a friendly dissolution after it was reported that she was ill.
The employee did not accept the dismissal, but sued with the legal protection of the Chamber of Labor. The court found that Tamara R. was right. She says, “I’m still six and a half years old until I retire, I need the job!”
