Mention of Illness in the Work Certificate

Facts

The present case concerns a dispute between an employee (the claimant) and his former union (the respondent) regarding the content of the work certificate issued by the employer. The employee contested that his illness be mentioned in the certificate, arguing that it was not the reason for the termination of the employment contract.

The Federal Tribunal had to determine whether, in accordance with Art. 330a para. 1 CO, the employee's illness should be mentioned in the work certificate. It considered that when an illness has called into question the employee's ability to perform his activity and has constituted a reason for termination of the employment contract, it must be mentioned in the certificate, even if it was not the reason given by the employer for the termination.

In the present case, the Federal Tribunal found that the employee had been unable to perform his activity for more than a year due to health problems, and that it was not foreseeable whether he would be able to resume his employment. In these circumstances, the illness had called into question his ability to hold his position, thus constituting a legitimate reason for termination of the employment contract. Consequently, the employer was required to mention this illness in the work certificate, regardless of the reason given for the termination.

Considerations

The Federal Tribunal thus dismissed the employee's appeal and confirmed that the mention of his illness in the work certificate did not constitute a violation of Art. 330a CO. Indeed, as the illness had called into question his ability to perform his activity and had led to the termination of the…