Facts
The appellant, [A.] , was employed by the Federal Office [X.] (respondent) since February 1, 2007. In November 2013, an email exchange was discovered, which suggested that [A.] had informed company [B.] about an internal inquiry while being responsible for their financial audit at the same time. Consequently, the respondent initiated a disciplinary investigation and temporarily suspended [A.] from duty. The investigation leader concluded in his final report that no breach of employment obligations existed and recommended closing the disciplinary investigation without taking disciplinary measures. However, the respondent terminated the employment contract as of January 31, 2015.
The Federal Administrative Court partially upheld the appeal by [A.] and obliged the respondent to pay compensation of nine gross monthly salaries without deducting social security contributions, as well as three gross monthly salaries (including regular allowances) with deduction of social security contributions. [A.] requested additional compensation of eight net monthly salaries due to abusive termination and a party compensation of CHF 7,000 for the preceding proceedings before the Federal Court.
Considerations
The Federal Court examined the correct application of federal law and based its decision on the facts established by the lower court. It found that the lower court had correctly stated the provisions and principles regarding the termination of an employment relationship and the…