A Viennese accountant was fired because of her migraine disease! With the help of the AK, she went to court and is now allowed to keep her job.
The problems began in autumn 2019 with a change in management, when Tamara R. got “a bad gut feeling”. She was sure of the quality of her work, after all, she had already served the company well for five years. “But me have migraines. When I have a seizure, I hang on the toilet for 24 hours. It costs me four to five kilos every time. I was afraid of being fired if the migraines got too frequent. “
R. obtained the 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 dismiss Tamara R. The employment relationship could only have been terminated if the employee agreed to an amicable solution.
Otherwise, a dissolution is subject to the strict regulations of the Disability Employment Act and could only be ended with the approval of the Disability Committee for serious reasons. In January she was told that she would get a job in another company of the same owner and that she should sign the “mutual agreement”.
Tamara R. was on her guard, sought advice from the AK and did not sign: “Why should I do that if I have nothing in writing for the other position?” The employee was then put under pressure – twice as difficult for a person with migraines. Tamara R. fell ill.
After three months, her doctor still didn't want to give her a health record, but Tamara R. insisted on going back to work – and was finally discharged without notice. Reason: The employee had behaved untrustworthy, as she refused further discussions about an amicable dissolution after being reported sick.
The employee did not accept the dismissal, but sued with the legal protection of the Chamber of Labor. The court found Tamara R. right. She says: “I still have six and a half years until I retire, I need the work!”
