Facts
The appellant [X.] had been employed as a technical specialist at EMPA (Swiss Federal Laboratories for Materials Science and Technology) since 1985. In June 2006, EMPA terminated the employment relationship as of December 31, 2006 due to a conflict between [X.] and another employee [A.] that had been simmering since 1999. [X.] filed a complaint against the termination. The Federal Administrative Court overturned the decision of the ETH Appeals Commission, which had declared the termination invalid. The Federal Supreme Court concluded that the termination was lawful, as [X.] had violated behavioural rules and no longer achieved the work objectives, which led to performance and behavioural deficiencies within the meaning of Art. 12 para. 6 lit. b of the Federal Personnel Act. Furthermore, [X.] had been given a legally valid warning prior to the termination.Considerations
The Federal Supreme Court stated that EMPA had fulfilled its duty of care towards its employees by taking various measures to resolve the conflict between [X.] and [A.] ,…