Canceled because she was in the union – it does not work, says Federal Court

Rejected because she was part of the union – it does not work, says Federal Court

A foundation specializing in mental health problems in the canton of Friborg announced to an employee in 2015 to be unionized. It was abusive, the Federal Court decided. It confirms a judgment of the High Court of Friborg.

The supervisor worked for 16 years in the institution. The High Court of Friborg had sentenced their former employer to 25,000 francs, which is equivalent to four and a half months' pay for the dismissed.

The woman, as a union representative, was in conflict with management because she wanted employees and overtime pay.

The institution had declared as a reason for termination of employment improper behavior of the educator with respect to a hard-core resident of the foundation's home. Rescuers should have hit the resident with a cardboard box on their head.

A month after this incident, the caregiver was sick. The officials of the institution decided that the dispute between her and the resident justified an immediate dismissal.

In a judgment released Thursday, the Federal Supreme Court upheld the view of the High Court of Freiburg. It decided in May that the layoff had nothing to do with the relationship with the resident, but rather with the activity of the union supervisor.

The superior court pointed out in its decision that the foundation had violated the rights of former employees in terms of protection of privacy by not confronting the licensee during a conversation with the alleged facts. The employee had previously recorded her vision of events in writing.

It was "shocking" that the resident, who had already had a difficult behavior, had more credibility than an employee who did a good job for 16 years. (Judgment 4A_375 / 2018 of 20.08.2018) (aeg / sda)