Facts

# Dismissal of the Complaint Against the Dismissal of a Teacher **Parties:** - **Complainant:** [A.] , represented by attorney Dr. Thomas Schütt - **Respondent:** Municipality of [X.] , represented by attorney Dr. Peter Schnyder **Facts:** - [A.] has been employed as a primary school teacher in the municipality of [X.] since 1984. - On 2./3. July 2007, during a school trip, [A.] restrained a pupil and made derogatory remarks to other pupils. - The municipality suspended [A.] provisionally and terminated the employment relationship on 27 July 2007 without notice. - [A.] filed a complaint with the Administrative Court of the Canton of Graubünden, which was dismissed. - With a complaint in public law matters, [A.] requested the annulment of the decision of the lower court and payment of compensation. 1. The contested decision concerns a public law employment relationship and is therefore a matter of public law within the meaning of Art. 82 lit. a FSCA. The value in dispute exceeds CHF 15,000. 2. The complaint in public law matters can be raised for violation of the law pursuant to Art. 95 f. FSCA. The application of cantonal law as such does not constitute a ground for appeal. Only whether the contested decision is based on arbitrary application of the law CO whether the law CO its application otherwise violates superior law can be reviewed. 3. According to Art. 19 of the municipal [X.] law on primary education, teachers are municipal employees. The termination of the employment relationship is governed by cantonal law. Pursuant to Art. 10 para. 1 PostSA, the employment relationship may be terminated without notice by either party for good cause at any time. 4. The complainant alleges a violation of the right to be heard because the lower court did not deal with his submissions on the applicable law in its reasoning. However, the Administrative Court has dealt with the applicable law and the reasoning has enabled the complainant to account for the scope of the decision. 5. The termination of the employment relationship without notice by the employer does not require fault on the part of the public law employee, but is possible if the employer can no longer be expected to continue the employment relationship in good faith. The complainant's behaviour on the night of 2 to 3 July 2007 did not correspond to what may be expected of a teacher and must not. Under the given circumstances, the…