As reported several times, a young Carinthian AHS teacher is fighting her expulsion after persistently refusing to wear an FFP2 mask in the past winter semester and to supervise students during the corona self-tests. The challenge to the dismissal for non-compliance with Covid-19 measures has now been dismissed.
As the Regional Court of Klagenfurt announced, it is confirmed that the lawsuit of the teacher who fought against the premature termination of her employment relationship with a lawsuit dated March 19, 2021, was dismissed in the first instance. According to the reasons for the decision, the teacher refused to give her instructions on Wear an FFP-2 mask to follow. In order to be able to use only a mouth and nose protection instead of an FFP-2 mask, an antigen test for SARS-CoV or a molecular biological test for SARS-CoV-2 would have to be carried out every seven days according to the applicable regulations. This was also refused by the teacher, despite the instructions given, and there were no health reasons against the test. The repeated refusal of the teacher to follow the written instructions given to her by her employer, who is obliged to implement and comply with the protective measures against the spread of COVID-19 stipulated in the ordinances and decrees, represents serious behavior that violates the duty of service, which justifies the premature termination of the employment relationship (dismissal) The decision is not final.
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