The Austrian Supreme Court recently dealt with the question of whether a dismissal for non-compliance with measures to contain the Corona-virus was discriminatory with regard to an employee's philosophy of life (9 ObA 130/2021i).

The Equal Treatment Act stipulates that no one may be directly or indirectly discriminated against in connection with an employment relationship on the basis of their philosophy of life. If an employee is nevertheless dismissed because of his philosophy of life, he can challenge this dismissal in court in accordance with the Equal Treatment Act. 

In the present decision, the Supreme Court clarified that the term "philosophy of life" is closely related to the term "religion". This means "guiding view of the world as a whole of meaning" and "individual understanding of life". Criticism of laws or ordinances, however, is not covered by the protected legal interest of philosophy of life. In this regard, the Supreme Court also referred to its previous decision, according to which a critical view of asylum legislation and practice is not part of philosophy of life (9 ObA 122/07t).

If an employee is dismissed because he is critical of the measures in place to contain the Corona-virus and refuses - despite repeated requests and threats of consequences - to comply with these measures, this does not constitute discrimination on the basis of philosophy of life.