Facts
A., born in 1986, worked at the Centre B., a specialized agency of the Swiss Conference of Cantonal Directors of Education (EDK), from 1 August 2008. From 1 January 2012, he was employed as the Head of Sales. From 2014 to 2017, he completed a part-time further education programme, the costs of which were partially covered by the Centre B. On 4 June 2018, A. terminated the employment relationship. By order dated 27 June 2019, the Centre B. demanded the reimbursement of two-thirds of the total support provided for the further education, i.e. CHF 19,039.45. The appeal filed against this was dismissed by the Board of the EDK by decision of 3 September 2020.
Considerations
The negative conflict of jurisdiction to be assessed ultimately amounts to a formal denial of justice and a violation of the guarantee of access to the courts. Since the Appeals Commission of the EDK/GDK does not meet the requirements of Art. 30 para. 1 of the Federal Constitution in the area of personnel-related disputes, the Administrative Court of the Canton of Bern must be considered competent in the matter. This is essentially justified by the reference in the Personnel Regulations of the Board of the EDK to the personnel law of…