New court ruling

A turmoil in Klagenfurt: 2nd round also goes to Jost

It is actually an indictment for the city of Klagenfurt: For 40 years, former municipal director Peter Jost worked in the city hall - and nobody wanted to know exactly whether he was actually a civil servant or a contract employee after his dismissal. The Higher Regional Court of Graz has now ruled. 

A brief history: former municipal director Peter Jost is not only suing the city for what he considers to be outstanding overtime payments, but also wants his job back. The proceedings were interrupted at the regional court in Klagenfurt to clarify whether Jost was a contract employee, as he believes, or suddenly a civil servant, as the city's lawyers believed.

The result: "There is no civil service relationship between the city of Klagenfurt and its municipal director, but one under private law," ruled the Higher Regional Court of Graz. "The Klagenfurt Regional Court, as the labor and social court, must decide in the first instance on the claims for overtime pay brought by the municipal director."

The round thus clearly goes to Jost again - after the first stage victory that the Administrative Court is dealing with the case and the city and state have to submit a statement by September. Jost himself takes a pragmatic view of the OLG decision: "It was always clear to me that I am a contract employee. In my function as municipal director, I should have been dismissed by notice following the municipal council's decision. This has not yet happened."

He has demanded that the matter be dealt with by official notice. "If that doesn't happen, a default complaint will be lodged with the provincial administrative court."

2:0 for Jost
The match between Magi and the city continues - and Jost is currently in the lead. "The construction site shouldn't exist like this. It's all thanks to Mayor Christian Scheider, who manages to make elephants out of nothing."