ORF vs. Weißmann: Is Sexual Harassment Legally Irrelevant Now?

The dismissal of ORF General Director Roland Weißmann continues to be a subject of intense debate, with legal ramifications now taking center stage, as reported by Die Presse. Despite an internal compliance review failing to substantiate "sexual harassment in the legal sense," Weißmann's tenure was cut short, with the ORF citing the need to avoid "any appearance of inappropriate behavior by a manager."

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Following the termination of Roland Weißmann, the question of harassment continues to be debated. Legally, however, this may no longer be relevant.

Weißmann intends to challenge his termination, setting the stage for a potential legal battle. However, legal experts are weighing in on the complexities of the situation. Lawyer Roland Gerlach maintains that Weißmann's conduct still constitutes sexual harassment under the Equal Treatment Act. Yet, he concedes that this specific legal question might become secondary in the broader dispute.

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Even if a 'sexual harassment in the legal sense' did not occur according to the compliance review, Weißmann was dismissed by the ORF. Because even 'any appearance of inappropriate behavior by a manager' must be avoided.

Adding another layer of complexity, labor law experts like Katharina Körber-Risak and Gert-Peter Reissner suggest that the legal relevance of whether sexual harassment occurred is diminishing. Körber-Risak points out that any claims for damages against Weißmann related to the alleged incidents, which date back to 2022, are likely time-barred under the three-year statute of limitations in equal treatment law. Furthermore, the ORF's decision to terminate Weißmann's contract with proper notice, rather than immediate dismissal for cause, and their statement that no sexual harassment was found, means the termination itself is legally robust, irrespective of the harassment allegations.

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Weißmann wants to contest the dismissal.

Die Presse notes that a separate issue involves the ORF's board of directors, who publicly disclosed the allegations of sexual harassment. Weißmann's legal team may argue that this disclosure violated his rights, especially if his resignation from the CEO position was under duress. However, the core of the employment dispute appears to be moving towards a resolution where the specific finding of sexual harassment may no longer be the decisive factor, given the statute of limitations and the nature of the termination.

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Whether sexual harassment occurred or not: any claims for damages against Weißmann are time-barred anyway.