“No Harassment”
Clean slate for Weißmann—but still fired
Spectacular twist in the ORF affair: The internal investigative body finds no sexual harassment “in the legal sense” by Roland Weißmann. Nevertheless, the media group cites inappropriate behavior—and stands by the dismissal. For the new CEO, Ingrid Thurnher, “criminal law is not our standard.” The lawyer for the ousted former CEO, however, sees the allegation as having collapsed.
ORF Director General Roland Weißmann resigned from his post exactly one month ago after 31 years with the company. The reason was allegations of sexual harassment against a female employee—which Weißmann denied from the outset. Now, the internal investigation unit has concluded that there was indeed no sexual harassment, but rather “inappropriate behavior” on the part of a manager, according to an ORF press release. The employment relationship with Roland Weißmann has been terminated—in compliance with legal requirements and the notice period stipulated in the collective bargaining agreement.
The ORF’s statement
“Sexual harassment is clearly defined under Austrian law. Based on the interviews and the documentation, the compliance office has determined that sexual harassment in the legal sense did not occur in this specific case,” the broadcaster stated. “However, ORF requires its executives not only to comply with mandatory law, but also to maintain a very high standard of integrity and to refrain from any behavior that could harm the company.”
Compliance Investigation: No Professional Consequences Threatened if She Does Not Give In to Advances
The internal investigation report by the Compliance Office regarding the original allegation states, among other things: “Based on a comprehensive assessment of the available statements as well as the submitted documents, we have concluded that the behavior under review does not meet the definition of sexual harassment. This is primarily because we could not establish that Mag. Weißmann at any time threatened or even contemplated professional consequences of any kind against the affected party if she did not yield to his advances.”
Despite this finding, the ORF is standing by its decision to terminate Weißmann’s employment. Sources close to his attorney indicate that Weißmann intends to exhaust all legal avenues. The ORF thus likely faces a lengthy and costly labor law lawsuit. Those close to Weißmann express disappointment: they claim the public broadcaster has ruined the 58-year-old media executive’s reputation on two separate occasions.
ORF General Director Forced Out of Office Before Re-election
His lawyer, Oliver Scherbaum, has leveled serious accusations against the handling of the matter: “The outcome of this investigation could not be clearer. There was no sexual harassment nor any other misconduct on the part of my client.”
The fact that the ORF nevertheless speaks of alleged violations of “ethical standards” is a transparent attempt to fabricate misconduct despite clear exoneration. According to Weißmann, he has been subjected to a level of public prejudgment unprecedented in Austria since early March and was forced out of office in a “cloak-and-dagger operation” prior to his reappointment as ORF Director General.
“By mutual agreement” or “male intrigue”?
The background to the ORF affair, including the mudslinging in the “Intrigantenstadel,” is allegedly images and text messages sent by the former ORF Director General, with which he is said to have harassed the employee. She tried to “resolve the ‘Weißmann affair’ effectively and discreetly,” the woman said, but she was “discredited and defamed,” and it was insinuated that she had “even chosen this course of action as a tool of a male conspiracy.”
Criminal law is not our standard for how we treat one another at ORF. We must now take action.
ORF-Generldirektorin Ingrid Thurnher
Bild: Mario Urbantschitsch
Weißmann, on the other hand, had always spoken of “private” and “consensual” contact and reported the woman for extortion. Furthermore, the alleged victim had come under scrutiny due to other private connections within the media group, and the timing of the allegations—Weißmann was seeking re-election as General Director—left a bad taste in the mouth.
Whether sexual harassment occurred in any form at all must now be determined by independent courts. Through her attorney, the woman has stated that she is approaching the proceedings “with full confidence and optimism.”
Following Weißmann’s resignation, Ingrid Thurnher is serving as interim director. The election of the new general director will take place in August by the Foundation Board. The Board had also come under media scrutiny in the wake of the scandal, in part due to members’ side businesses.
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read the original article here.
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