Facts
The dispute concerns the ordinary termination of the employment relationship of a CFF customer service assistant by her employer, the Swiss Federal Railways (CFF). The appellant, [A.], was hired on a fixed-term contract on March 1, 2020, and her employment relationship was then extended until January 31, 2021. On January 20, 2021, the CFF erroneously sent her an open-ended employment contract.
During the recruitment process, [A.] filled out a medical questionnaire indicating that she did not suffer from any health issues. However, it later emerged that she was affected by a chronic illness (Steinert's myotonic dystrophy) and had suffered a right ankle fracture in 2012/2013. The CFF then initiated an ordinary termination procedure, on the grounds that [A.] had violated her pre-contractual duties by not disclosing this information.
Considerations
The Federal Tribunal partially upheld A.'s appeal against the termination decision. It considered that the question about health issues posed to [A.] during the recruitment process was relevant and necessary, given the nature of the CFF customer service assistant activity, classified as a safety-critical function in the railway sector.
However, the Federal Tribunal found that A.'s omission to mention her chronic illness, which did not impact her ability to perform her duties, did not constitute a violation of important legal or contractual obligations under the applicable provisions. Similarly, A.'s erroneous statements…