Long court battle

Teacher with mask phobia received back pay

Her pupils bid Judith H. farewell on her retirement with a "thank you" poster.(Bild: Reinhard Holl)

The aftermath of the coronavirus pandemic is keeping the courts busy. The case of the 65-year-old teacher from Vienna, who reportedly suffered panic attacks while wearing an FFP2 mask and was dismissed by the Education Directorate in January 2021 due to her absence from lessons, caused quite a stir. After the court battle, a high five-figure sum ended up in Judith H.'s account.

"Medical certificates confirmed that she was fully fit for work and that wearing an FFP2 mask was possible from a health perspective," said her employer in winter 2021/22, justifying the suspension of her salary and the termination of her employment after decades of teaching in Austria.

"I had a traumatic adenoid operation when I was 16. When I wear a mask, I get a panic attack, shortness of breath and fear of death within a few minutes," said Judith H., explaining why she was initially mask-free during the pandemic and then on sick leave for a long time due to increasing physical and psychological problems.

Judith H. in conversation with "Krone" court intern Lara Leitenhuber(Bild: Reinhard Holl)

The Education Directorate stopped all salary payments. The secondary school teacher, who had been employed by the state of Vienna under public law since July 1, 1997, was also not entitled to any benefits from the AMS. "I lived on savings, donations and personal loans from three close friends. And learned to be very frugal," says the mother of an adult daughter.

Judith H. fought her dismissal tooth and nail from the very beginning. And after a long legal battle, she was successful at the Vienna Administrative Court.

I lived on savings, donations and personal loans from three close friends. And learned to be very frugal.

Die mittlerweile pensionierte Lehrerin Judith H. zur „Krone“

Sick leave was justified
"The appeal is upheld," it says in various rulings. "The Administrative Court confirmed that Judith H.'s sick leave was justified. The Education Directorate for Vienna had to pay the salary and reinstate Ms. H.," confirmed a spokesperson for the Education Directorate. Judith H.'s account now contains back payments in the high five-figure range.

Her pupils bid Judith H. farewell with a "thank you" poster as she retired.(Bild: Reinhard Holl)

Immediately after the first verdict in October 2023, a letter arrived in her mailbox. In it, the woman was asked to work at a secondary school in the 22nd district, which Ms. H. did. "It was nice to work with pupils again. There were a lot of children from difficult backgrounds who I was able to help socially and psychologically," reports the once successful swimmer in an interview with "Krone" intern Lara Leitenhuber.

The teacher proudly presents a poster that she received from her pupils at the end of school, which also marked her retirement. "Thank you" can be read on it in large letters. 

The Administrative Court confirmed that Judith H.'s sick leave was justified. The Vienna Education Directorate had to pay Ms. Hajdu's salary and reinstate her.

Eine Sprecherin der Bildungsdirektion Wien zur „Krone“

"Can finally repay personal loans"
Even in retirement, Ms. H. wants to do social work with young people and spend more time in her old home country of Hungary. "With the additional payment, I can also repay the debts to my friends," she says with relief. Despite the decisions, she is not completely relaxed. This is because the Education Directorate has lodged an extraordinary appeal with the Administrative Court.