Supreme Court gives right to doctor dismissed – Berne



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If the island group accepts the verdict, Dr. Natalie Urwyler can work again at the Inselspital Bern in one month. This is the conclusion of the decision of the Bernese Supreme Court on Monday. The court rejected the objections of the island group and upheld the judgment of the Bern-Mittelland Regional Court of November 2017: The termination of Natalie Urwyler is revoked.

Inselspital dismissed the doctor in 2014 and thus affirmed a troubled relationship of trust. In contrast, the doctor resisted. She interpreted the dismissal as a sign that she had championed gender equality and women's concerns. Their claim was successful: last November, the Berne-Mittelland Regional Court lifted the notice. Then the island group moved the case further to the high court, where he has now jumped.

Different Interpretation

In a statement issued yesterday by her lawyer, Natalie Urwyler notes "with satisfaction and gratitude" that the Supreme Court has also protected her lawsuit against the Inselspital. She believed that her intervention would bring about lasting improvements in the areas of gender equality, women's empowerment and maternity protection. The Inselspital could not avoid ensuring adequate representation of female doctors in hospital management. "The Urwyler case is unfortunately not an isolated case," says the doctor in the statement. Many highly qualified professionals would have left the Inselspital or the University of Bern. They had no chance to implement their acquired expertise and assume a leadership position.

The Lower Inselspital interprets the verdict in a very different way. The High Court found no discrimination based on sex, the island group said in its opinion. On the contrary, the Tribunal did not recognize the events that contributed to the severance of the employment relationship as an independent and urgent reason for dismissal. For island officials, the verdict is "inappropriate to address gender issues in the island group or in general".

In an ongoing case in which Urwyler claims wage discrimination, an expert report concludes that there is no financial difference in this case.

The Island Group Examines Options

The Inselspital can forward the verdict to the Federal Court within thirty days. If this is going to do is open. We will now consider the reasons for judgment and then decide. The Island Group is also exploring different options to resume Natalie Urwyler's activity. In a letter, the island's employees were pronounced against the return of the doctor. This is criticized in the Urwyler media statement: this called into question the judgments of the Bernese courts. If the verdict becomes final, the doctor can resume his activity at the Inselspital. In addition, she will have to pay the doctor 's unpaid fees and legal fees of about 675,000 francs. It does not include the damages suffered by the parties in the second instance of about CHF 32,500. (The Covenant)

Created: 03.07.2018, 17:26

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