In a gripping decision, the Supreme Court recently concluded that the dismissal of an employee who secretly recorded her superiors during a conversation was justified (Supreme Court 8 Ob A 18/23i).
About the case
A board secretary attempted to eavesdrop on a conversation between her supervisor and a board member. She had placed her mobile phone with its recording function activated on the office desk. The superiors discovered this action, and as a result, the executive secretary was dismissed. The reason for this behavior was evidently her curiosity and the desire to know what the two individuals thought about her. The executive secretary contested the discharge
Dismissal justified and not untimely
The lower courts already considered the secret recording of a private conversation as a valid reason for dismissal. The Supreme Court upheld the decision of the lower courts.
The condition of untrustworthiness (§ 27 Z 1 latest case of the Austrian Labor Constitution Act) has been fulfilled, which is why the dismissal was justified. Furthermore, the recording of someone else's conversation can even be legally punishable.
Among other things, the executive secretary argued that the dismissal was untimely. The Supreme Court ruled that the dismissal was justified and timely. The board member had informed the executive secretary that the secret recording of the conversation constituted a breach of trust and that he needed time to reflect on it over the weekend. According to the Supreme Court, this does not imply that the employer has waived the dismissal
The KWR labor law team is available to assist you with any questions regarding the termination of service contracts.