Facts
On 28 February 1996, the Main Department Operations II of the Swiss Federal Railways terminated the employment relationship with X., who was employed in shunting service, during a period of absence due to illness, effective 31 May 1996. According to the report of the Railway Medical Service dated 15 February 1996, X. could no longer be deployed in shunting or wagon cleaning service due to his back problems and a skin allergy. Although he remained fully capable of employment in less back-straining activities, there was no corresponding employment opportunity available. The Swiss Federal Railways Directorate General and the Federal Personnel Appeals Commission confirmed this decision on 14 May and 17 December 1996 respectively.
X. filed an administrative court appeal against this, which the Federal Supreme Court dismissed.
Considerations
The Federal Supreme Court came to the following considerations
According to the SBB Employees' Regulations, the electoral authority may terminate or restructure the employment relationship at any time for good cause, while observing the notice periods. Such reasons include in particular lack of health suitability or unsuitability. The employment relationship cannot be terminated as long as the employee is performing Swiss compulsory military, civil or civil defense service or during pregnancy and for 16 weeks after childbirth.
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