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On the scope of the adjustment effect of a comparison

Edition 2021/10, issue 6769
Title On the scope of the adjustment effect of a comparison
Magazine ARD
Autor(en)
  • Mag. Oliver WALTHER

Short description

In case of doubt, the adjustment effect of a settlement concluded on the occasion of the termination of an employment relationship relates to all mutual claims arising from or related to this legal relationship, i.e. to those claims that are typically related to the adjusted employment relationship and have their roots in it. This also applies to future claims for damages. In a recent decision, the Graz Higher Regional Court made it clear that claims for damages due to (alleged) bullying, which are based on the breach of the duty of care resulting from the employment relationship, are also typically related to the employment relationship.

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