Partial Upholding of the Appeal against the Dismissal without Notice of the Employment Relationship

Facts

The appellant [X.] was employed as a jurist at the Swiss Institute of Comparative Law (SIR) since 6 October 1997. On 21 September 2006, the SIR issued a dismissal without notice of the employment relationship, as [X.] was allegedly repeatedly intentionally misrepresenting her attendance times in the period from 12 to 22 June and 10 August to 13 September 2006. [X.] filed an appeal against the dismissal.

The FedAdmC set aside the dismissal without notice, but found that the employment relationship was deemed to have been terminated by ordinary notice as of 31 January 2007 due to a breach of important contractual obligations by [X.] . [X.] then filed an appeal in public law matters with the SFC.

Considerations

The SFC concluded that [X.] had indeed breached an important contractual obligation within the meaning of Art. 12 para. 6 lit. a FPA by repeatedly failing to comply with the prescribed core working hours, providing incorrect information about the attendance times rendered, and partially performing work outside the agreed place of work.…