Facts
The complainant A. (born 1979) has been employed as a court clerk at the Federal Administrative Court since March 1, 2014. She was absent from April 30 to October 1, 2014, from July 2 to August 31, 2015, and from November 12, 2015 onwards due to maternity leave and illness. The Federal Administrative Court terminated the employment relationship without notice by order dated May 25, 2016, after previously requesting [A.] to return to work immediately.
The appeal filed against this was partially upheld by the Appeals Chamber of the Federal Criminal Court, which obliged the Federal Administrative Court to issue [A.] an amended employment reference in accordance with the considerations.
By way of an appeal in public law matters, [A.] demanded that the Federal Administrative Court be obliged to issue her an employment reference with the changes she had requested.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the duration of the complainant's absence due to illness and maternity was significant in relation to the duration of employment and therefore had to be mentioned in the employment reference in order to avoid a false impression of her acquired professional experience.
The Federal Supreme Court saw no reason to treat absences such as maternity leave differently than absences due to illness. Stating the…