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Hospital staff released after party – lawsuit

Masks, keeping your distance, regular testing and visiting restrictions – strict rules apply in Vienna’s hospitals due to the coronavirus pandemic. This is also the case at the Hietzing Clinic. However, at the end of February 17 house workers or department assistants did not take these rules very seriously. The get-together came to light because pictures were posted on social media. An anonymous e-mail finally drew the hospital’s attention to the celebration.

Photo without mask

The women’s lawyer, Thomas Mödlagl, described what happened – from the point of view of those affected: One of the women had organized a small celebration in a remote room away from everyday hospital life due to her retirement. For this she set up a small buffet and invited her colleagues to come over from lunchtime. Drinks were also made available – non-alcoholic for the colleagues on duty and champagne for the hostess, as she was no longer on duty. A gift basket was also presented.

“Those servants who worked that day went to this room during their lunch break and consumed their colleague’s food there, toasted with Coke and Fanta and took farewell pictures. They took off the mask for the pictures. According to their own statements, none of the women stayed longer than 30 minutes. They didn’t come at the same time either, except for the moment of a group photo. Some have just left, the others have come. ”According to the lawyer, the women were regularly tested; some had already received the first CoV vaccination at that time.

14 dismissals without notice

The employer of the City of Vienna reacted after the celebration became known. The women concerned were given the choice of either agreeing to an amicable termination of their employment relationship with waiver of severance pay entitlements or being dismissed without notice. Two women decided to dissolve by mutual agreement. Another is a staff representative who has not yet been dismissed.

14 women were dismissed without notice. Mödlagl now represents them. “It’s true, they celebrated on duty. But they also have time to eat and take a half-hour break when they are on duty. And during this time they were at the party. ”In his opinion, the employer“ overshot the mark a little ”with the layoffs.

Health association: “Irresponsible behavior”

Naturally, the hospital operator health association, to which the Hietzing Clinic belongs, assesses the situation differently. “All employees in the clinics and care facilities of the Vienna Health Association have a great responsibility (…). 30,000 employees live up to this responsibility every day – and for over a year now under particularly difficult conditions. In the light of this in particular, we cannot tolerate such irresponsible behavior under any circumstances, ”said a written statement to the APA.

Since the beginning of the Covid-19 pandemic, meetings such as the farewell to the retired colleague have been “of course strictly prohibited” to protect against infection. In addition, the celebration took place during working hours, alcohol was apparently consumed because alcoholic beverages can be seen in photos, and the mandatory Covid-19 protection rules were not observed. In view of the “multiple breaches of duty”, the collegial leadership should have initiated the appropriate legal consequences.

According to lawyer “precedent”

The lawsuit on behalf of the dismissed women was filed with the Labor and Social Court in mid-March. It stated how long the plaintiffs had been employed by the City of Vienna, that they had not given any reason for dismissal and that the dismissals were unlawful. The first negotiation dates have already been advertised. According to lawyer Mödlagl, as far as he was able to determine, this is a precedent for Covid-19.

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