Long legal case – Corona: late victory for teacher with mask phobia

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The courts are dealing with the aftermath of the corona pandemic. The case of the 65-year-old teacher from Vienna who, by her own account, suffered panic attacks while wearing an FFP2 mask and was dismissed by the Education Directorate in January 2021 for truancy was sensational. After the dispute in court, a large five-figure sum ended up in Judith H.’s account.

“Medical certificates confirmed full fitness for service and also that wearing an FFP2 mask was possible from a health perspective,” her employer said in the winter of 2021/2022, justifying the cessation of pay and the termination of the employment relationship after decades of teaching in Austria.

“When I was 16, I had a traumatic polyp operation. If I wear a mask, I get a panic attack, shortness of breath and fear of death within a few minutes,” Judith H. explains, explaining why she was initially exempted from wearing a mask during the pandemic and then went on sick leave due to increasing physical and psychological problems.

The Education Directorate has stopped all salary payments. The high school teacher, who had been employed by the state of Vienna since July 1, 1997, was also not entitled to benefits from the AMS. “I lived on savings, donations and personal loans from three good friends. And I learned to be very frugal,” says the mother of an adult daughter.

From the beginning, Judith H. fought her dismissal with all possible means. And after a long legal case, she was successful at the administrative court in Vienna.

Sick leave was justified
“The complaint is well-founded,” it says in several rulings. “The administrative judge has confirmed that Judith H.’s sick leave was justified. The Vienna Education Directorate had to repay the salary and reinstate Mrs. H.,” a spokeswoman for the Education Directorate now confirms. Additional payments in the high five-figure range have now been received on Judith H.’s account.

Immediately after the first verdict in October 2023, a letter landed in her mailbox. In it, the woman was asked to serve at a high school in the 22nd district, where Mrs. H. also worked. “It was nice to work with students again. There were many children with difficult backgrounds that I could help socially and psychologically,” the once successful swimmer reports in an interview with “Krone” legal intern Lara Leitenhuber.

The teacher proudly presents a poster that her students gave her at the end of her school days, which also marked her retirement. ‘Thank you’ can be read in large letters.

‘Can finally pay back personal loans’
Even now that she is retired, Mrs. H. wants to provide social services to young people and spend more time in her old home country of Hungary. “With the additional payment, I can also pay off the debts I owe to my friends,” she is relieved. Despite the decisions, she is not completely relaxed. The Education Directorate has filed an extraordinary administrative appeal with the administrative court.

Source: Krone

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