Facts

The Association for Social Services of the Thal-Gäu District terminated the employment relationship with Health Nurse X. as of June 30, 2006. X. filed an administrative complaint against the termination, which was dismissed by the Department of Economics of the Canton of Solothurn. The Administrative Court of the Canton of Solothurn, in partially upholding X.'s complaint, found the termination to be abusive, dismissed the request for reinstatement, and obligated the Association to pay X. a severance allowance equivalent to six months' salary. The Association then filed an appeal in public law matters and a constitutional appeal against the judgment of the Administrative Court.

Considerations

The FSCA first examined whether the admissibility requirements for the appeal in public law matters were met. It concluded that the Association, as a public law corporation with its own legal personality, is entitled to appeal, as it is affected as the holder of sovereign power by the contested judgment and can therefore claim the violation of guarantees granted to it by the Cantonal or Federal Constitution. Furthermore, the Association also has a legitimate interest in the annulment of the judgment, without…