Facts
The appellant H. was employed as a speech therapist by the Department of Education of the Canton of Schaffhausen since 1994. Due to complaints from parents and teachers, she was recommended to take early retirement in 2007. When she did not comply, her employment was terminated by early retirement as of January 31, 2008. H. unsuccessfully appealed this decision up to the Federal Supreme Court.
H. requested a declaration of the nullity of the early retirement and a remand to the lower instance to examine the issue of severance pay. The Federal Supreme Court dismissed the request for a declaration of nullity but granted the request for a remand to examine the issue of severance pay.
Considerations
The Federal Supreme Court held that the lower instance had wrongly assumed that no severance pay was owed in the case of early retirement, but only a transitional pension. This regulation…