Posts tagged #warning

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Toll Evasion: Actions beyond Issuing Warnings

Administrative Law 

In the case at hand, a driver had received a EUR 300 fine for not paying the toll within the prescribed period under Section 20(3) of the Austrian Federal Toll Act (Bundesstrassen-Mautgesetz (hereinafter BStMG), resulting in the issuance of a penalty...

VwGH: Disciplinary Penalty despite Previous Warning

Administrative Law 

The Austrian Supreme Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) had to decide whether the imposition of a disciplinary sanction on a civil servant who had previously received a warning under Section 109(2) of the 1979 Austrian Ci...

OGH: When May a Termination Be Declared?

Labour Law 

The condition of being unworthy of trust within the meaning of Section 27(1)(3) of the Austrian Employee Act (Angestelltengesetz, hereinafter AngG) is met if an employee’s behaviour has shaken the employer’s trust to such an extent that the employer ...

OGH: Sexual Harassment Justifies Immediate Dismissal

Labour Law 

An employee can be dismissed without prior warning if they engage in verbal sexual harassment, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled. The plaintiff is a disabled person within the scope of the Austrian Disabled ...

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