Pfleger rejected Covid tests: Why termination was legal

A nurse could not be tested and lost his job – rightly according to the Supreme Court. The protection of the patient was more important here.

Wien. While plans for a general 3G obligation in the workplace continue to cause discussion, there is now extensive clarity on one question: Those who work in the health sector, deal with particularly vulnerable people there and still refuse to have prescribed Covid tests undergo risking his job. According to the Higher Regional Court (OLG) Linz, the Supreme Court has also confirmed a dismissal, which for this reason had been given to a qualified nurse in a nursing home in November of the previous year.

The nurse had refused to be tested once a week, as provided for in the regulation in force at the time. He challenged the dismissal, which was then pronounced, arguing that it was due to a “frowned upon motive” (“Die Presse” reported). Like the OLG before, the Supreme Court also approved the nursing home operator in September (8 ObA 42 / 21s). However, he also made it clear that it is a matter of balancing interests – which the courts should by no means take lightly.

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