New OGH – Opvivent – AUA can reclaim the reimbursement of the boards of the companion at the time

Date:

AUA has the right to reclaim for many years to pay to his former municipal councils. This was determined by the Supreme Court (OGH). The court must still clarify what the sum is.

The then Lower Council Chief Alfred Junghans agreed in 2009 when the AUA was taken over by Lufthansa a clear plus of his compensation. In addition to his basic content of almost 5800 euros per month, he received a usage allowance of 4500 euros and a fixed rate of 220 euros. His two representatives also received a serve.

These allowances were shortened in 2012. The affected, however, complained and repaired them – with the argument of compensation for a possible career disorder. In the spring of 2020, Junghans fell back to a reimbursement of almost 6,500 euros. The Austrian airlines (AUA) then claimed approximately 190,000 euros in excessive payments for the labor court. At the time, the head of the family council received a maximum of 6500 euros.

“In principle volunteering”
In principle, the work is a volunteer as an council council, the OGH said. They should not be worse than other employees, but are not preferred. This prevents the legislator from being “bought”.

The three municipal councils that were dealt with in the procedure were released. However, they should only replace the “alleged merit”, assessed the OGH. “This includes as far as the employee is concerned, he would not have treated the board of the board council that would have been exemption, would continue to receive the normal course of things – that is, with the dominant probability -” says it.

Now the procedure is the first instance for labor and the social court. This must make clear how high the fictional content of Junghans would have been, so that it can be decided how much the actual payment has been overhauled.

Source: Krone

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Share post:

Subscribe

Popular

More like this
Related