Facts
The respondent, [A.] , had been working in operations of the Federal Department of Defence, Civil Protection and Sports (DDPS) since 1988. On 1 February 2006, he was hired as Head of Medium and Small Objects of the Army's Logistics Base. In November 2011, a negative risk decision was issued, classifying [A.] as a security risk. Consequently, the employment relationship was terminated without notice, which was later converted into an ordinary termination. The respondent lodged a complaint, and the Federal Administrative Court overturned the termination and declared it null and void.
The DDPS filed a complaint and requested the reversal of the Federal Administrative Court's decision. The respondent requested the dismissal of the complaint.
Considerations
1. Admissibility of the Complaint
The complaint is admissible because it is directed against a final decision of the Federal Administrative Court and the amount in dispute exceeds CHF 15,000.
2. Ex Officio Application of the Law
The Federal Court applies the law ex officio and is not bound by the arguments raised in the complaint.
3. Principle of Proportionality
The principle of proportionality is an important principle in public law, ensuring that state action is suitable and necessary and that the intended effect is not…