Termination without notice of a federal employee due to serious breaches of duty

Facts

The complainant, [A.] , had been working as a technical assistant in the employment relationship in the group for general staff services of the Swiss Army since 1992. In 2001, he was not re-elected as an official and was transferred to a permanent employment relationship, as his work performance was partially inadequate and he showed behavioral flaws.

As part of the salary-relevant assessment for the period from October 17, 2003 to October 19, 2004, [A.] received the overall grade B. His performance and behavior were criticized, and control measures were planned. On October 28, 2004, [A.] was given a written warning, and the termination of the employment relationship without notice was threatened if such incidents were to recur.

On May 13, 2005, [A.] was released from work due to serious breaches of duty. By letter of May 30, 2005, the head of the department informed the person concerned of the termination of the employment relationship without notice and gave him the opportunity to comment on the allegations.

The complainant filed a complaint with the Federal Personnel Appeals Commission, which dismissed the complaint by decision of June 28, 2006. The complainant now requests that the decision of the Federal Personnel Appeals Commission of June 28, 2006 be annulled and the termination without notice of June 8, 2005 be declared null and void.

Considerations

The Federal Court considers that the administrative appeal against the decision of the Federal Personnel Appeals Commission is admissible, as the complainant is the addressee of the decision and is entitled to appeal.

The Federal Court is of the opinion that the termination without notice of a federal employee is only justified if there is an important reason that makes it unreasonable for the terminating party to continue the employment relationship in good faith. In this case, the complainant has seriously impaired the trust relationship between him and the employer through his behavior, in particular through his inadequate work performance and his flawed behavior.

The Federal Court is of the opinion that the lower courts have rightly assessed the incidents from April 23 to May 11, 2005 as serious misconduct by the employee. The termination without notice of the complainant was…