Facts
The complainant, [G.] , was employed as Head of Human Resources in the Einsiedeln district on June 1, 2008. After tensions arose between her and the district clerk, she requested a meeting with the district president and raised objections against the district clerk. On April 8, 2009, she sent a letter to the district council, in which she severely criticized the district clerk and two department heads. The district council then terminated her employment contract with a notice period of six months.
The complainant appealed to the Administrative Court of the Canton of Schwyz and demanded severance pay and compensation. The Administrative Court dismissed her requests, as it believed that the termination was not abusive and that the complainant had caused the termination herself through her behavior.
The complainant appealed to the Federal Supreme Court and requested the annulment of the Administrative Court's decision and the award of severance pay and compensation.
Considerations
1. Admissibility of the Appeal
The appeal is admissible, as the amount in dispute is CHF 15,000 and the complainant alleges a violation of the law.
2. Termination and Procedural Regulations
The termination of the complainant was ordinary and not without notice. The respondent complied with the procedural regulations of § 21 Abs. 1 and 2 PIO, but not with the procedural regulations of § 21 Abs. 3 PIO, which provide for an employee evaluation and the setting of a probationary period.
3. Abusive Termination
The termination of the complainant was abusive, as the respondent did not resolve the tensions between the complainant and the district clerk and the termination was…