Facts
The appellant, [A.] , had been employed at the University [B.] since October 1, 1986, and had been working as an assistant to the director since August 1, 1994. After the directorate was newly occupied, the new director decided on a different candidate, and the appellant was released as of December 1, 2011. After unsuccessful mediation of a suitable internal position and rejection of a mutually agreed termination of the employment relationship, the University [B.] issued a notice of termination on September 13, 2013, according to which the appellant was given ordinary notice of termination as of December 31, 2013.
The appellant lodged an appeal against the termination, which the Appeals Commission upheld with a decision of July 1, 2014, and lifted the termination. The University [B.] filed an appeal with the Federal Administrative Court, which the court partially upheld in the sense of the considerations with a decision of March 20, 2015, and confirmed the termination of the employment relationship as of December 31, 2013.
Considerations
The Federal Supreme Court freely reviews the correct application of federal law. It bases its judgment on the facts established by the lower court. The lower court has correctly explained the provisions and principles regarding the termination of an employment relationship based on federal personnel law.
The abusive nature of a termination can result from certain inadmissible reasons, which are described in Art. 336 CO. However, the abusive nature can also result from the manner in which the terminating party exercises its right. A termination is only abusive if it is pronounced for certain inadmissible reasons.
The Federal Administrative Court has correctly recognized that the appellant cannot derive anything in her favor from the…