Facts

On 15 November 2018, a hearing took place before the Labour Court of Zurich in the context of a debt collection proceeding between a subsidiary of a major Swiss bank and a former employee. Journalist A., accredited as a court reporter, was present at the main hearing but was excluded from the subsequent conciliation talks. She requested a appealable decision regarding her exclusion from the hearing and the information refused about the possible end of the proceedings or the next steps. The Labour Court decided to exclude the journalist from the conciliation talks. The journalist lodged an appeal with the Cantonal Court of Zurich, which dismissed the appeal insofar as it was admitted. The journalist then lodged a civil law appeal with the Federal Court.

The key facts are as follows

  • Journalist A. was excluded from the conciliation talks in a civil trial.
  • The Labour Court decided to exclude the journalist from the conciliation talks.
  • The journalist lodged an appeal with the Cantonal Court of Zurich, which dismissed the appeal.
  • The journalist then lodged a civil law appeal with the Federal Court.

Considerations

The Federal Court examined the question of whether the exclusion of the journalist from the conciliation talks was in accordance with the Constitution and the law. The Federal Court considered that conciliation talks are not public and that the journalist has no right to attend them.

The Federal Court recalled that the principle of publicity of justice is guaranteed by Article 30, paragraph 3, of the Constitution and by Article 54 of the CPC. However, this principle does not apply to conciliation talks, which are considered informal discussions between the…