Exercising an unjustified pressure can rescind a severance deal

The claimant, a kindergartener, due to a flu infection, was on sick leave for two weeks. One afternoon in the second week, she held two painting classes. The City Office Director explained to her that it is publicly known that this was a serious offense, which justified a dismissal, and asked her to terminate the employment contract by consenus. He did not allow the woman not even one day time for consideration, whereupon she agreed to the consensual dissolution.

Subsequently, however, the kindergartener demanded for annulment of the consensual severance deal and for the observation of a valid existence of the employment contract. This claim was dismissed by the Court of First Instance, however, the Appelate Court granted the claim. The Supreme Court approved this decision.

The Supreme Court explained, that it was crucial whether the employer seeks to force the employee to reach a consensual dissolution, because he is not convinced of his legal status and that it came to exercising an unjustified pressure. Before the instant dismissal was made, the employer had to examine whether the employee had in fact been guilty of an unlawful behavior and to try to clarify the facts involving the employee. However, this was not the case.

Source: www.ogh.gv.at/entscheidungen/entscheidungen-ogh/aufloesungsvereinbarung-kann-bei-bestehen-einer-drucksituation-angefochten-werden/