More than just teasing: lawyer is not allowed to harass a colleague [premium]

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Wien Oberster Gerichtshof OGH

Vienna Supreme Court (c) imago / Blickwinkel (imago stock & people)

The Chamber’s Disciplinary Board had acquitted the lawyer. The Supreme Court makes it clear, however, that the behavior of the man in the office was completely inappropriate.

Vienna. That was just childish teasing, a “wet Fuzzi”, said the lawyer. And in fact, the Disciplinary Council of the Vienna Bar Association had said that the man should be acquitted. The Supreme Court (OGH) now makes it clear that what happened is very much a nuisance. And that it doesn’t fit the reputation of a lawyer if you moisten your finger with saliva and then use the same finger to touch the skin of a student working in the law firm. But what exactly happened and what punishment does the lawyer get now?

The chamber lawyer – a kind Prosecutor for disciplinary offenses – had turned to the judges. Because the complete acquittal of the disciplinary board was incomprehensible to him. He had come to the conclusion that, contrary to the allegations, the man actually did not “lick the woman’s throat with his tongue from behind”, did not “lick her with her tongue from chin to eye” and also not “with one of her” his forefinger moistened with saliva ran down his neck and repeatedly touched her chest ”. But the man did something strange two or three times, according to the Disciplinary Board’s findings. After moistening his fingers with saliva, he ran his wet finger over the woman’s cheek and stuck his wet middle finger in her ear. But something like that could not be punished “just yet”, said the Disciplinary Council.

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