"The picture isn't holding up"

This is how Roland Weißmann now wants to return to ORF

The lawsuit filed by Roland Weißmann against the ORF is proceeding in the Labor and Social Court.(Bild: Krone-Collage/Imre Antal, APA/HARALD SCHNEIDER)

The former director general of the public broadcaster will challenge his dismissal in the Labor and Social Court starting Tuesday. But this hearing is far from the only thread in the case surrounding the alleged sexual harassment of an ORF employee, which is now itself under investigation by the courts.

On the very day that 13 director positions are set to be filled by the ORF Foundation Board, the disgraced head of the public broadcaster is stepping back into the spotlight: Roland Weißmann, who stumbled over allegations of harassment against an ORF employee, is challenging his dismissal in the Labor and Social Court (ASG). Ingrid Thurnher had issued the termination on the grounds of “the appearance of improper conduct,” even though the ORF compliance report found no evidence of sexual harassment.

“This won’t work out; you have to resign.”
As a reminder: Weißmann resigned on March 8 following offensive chat messages he had sent to an ORF employee. At the time, the board of trustees took the position that this step was unavoidable. The phrase “This won’t do; you have to resign” is said to have been repeated several times. Although he was promised that his reputation would be protected, the ORF publicly disclosed the allegations—which Weißmann denied—in a press release.

The picture initially painted of the circumstances surrounding his resignation does not hold up to closer scrutiny. The ORF’s treatment of him was scandalous.

Weißmann-Anwalt Oliver Scherbaum

Bild: EPA/HELMUT FOHRINGER / POOL

“The picture initially painted of Mr. Weißmann and the circumstances of his resignation does not hold up to closer scrutiny. The ORF’s treatment of him was scandalous,” says Weißmann’s attorney, Oliver Scherbaum, who is confident about the proceedings regarding the continuation of his employment.

Was it sexual harassment or not?
But the opposing side is also likely to be well-prepared for the trial, which will last many days.

After all, the allegation of sexual harassment remains on the table despite the compliance report. The employee, who is under investigation by the Vienna Public Prosecutor’s Office on charges of extortion, has also filed a lawsuit against the former ORF boss and, apparently, against ORF as well, as confirmed by the Labor and Social Court to the “Krone.”

ORF Employee Seeks Damages
The woman is seeking damages on the grounds of sexual harassment. She has also filed a complaint with the Equal Treatment Commission, which is tasked with determining whether sexual harassment by her former supervisor did indeed occur.

An analysis of her cell phones, which were seized by the police, could also shed light on the matter. The Vienna Higher Regional Court ruled that access to her chat history with Roland Weißmann is permissible.