The Zurich administrative court has ruled that the termination of the University-Professor Iris Ritzmann was arbitrary. Ritz man had brought the affair Mörgeli rolling.
The 57-year-old Professor had been dismissed at the end of April 2014 in the Wake of the affair. She was accused of the obligation of professional secrecy violated, specifically: you have betrayed the “Tages-Anzeiger” internals from the Institute and Login details issued for the direct access to computer data.
evidence not admissible
The “Tages-Anzeiger” reported at the time on the Basis of a published annual report about the heavy criticism, the new Director of the Institute spoke on the condition of Christoph Mörgeli, as conservator, directed the medical-historical Museum.
Through all judicial instances up to the Federal court, the Ritz man has been acquitted of the violation of official Secrecy free. The Central evidence, the comprehensive evaluation of telephone – and E-Mail-edge data, had obtained the Prosecutor’s office unlawful. The prosecutors were left with empty hands.
there is No reason for a dismissal procedures
According to the administrative court, the University was not permitted to make the unlawfully obtained evidence as the basis for the termination. So you would have had no reason at all a dismissal of proceedings.
in Vain, the University made before the administrative court, of the unlawfully obtained evidence would have to be allowed to be taken into account. Because they have a significant interest in knowing who “have committed these massive breaches of duty” and whether they “have terminated the right Person”.
The administrative court countered: If the University “based first of all an employee to illegally obtained evidence announces to make, and afterwards claimed that the illegal evidence would have to be taken into account, so that you know whether you’ve ever terminated, the right employee, it is subject to a circular argument”.
Serious substantive error
is The termination, according to the administrative court is not simply unlawful and the granting of an indemnity to pay for. Other reasons, which would justify a dismissal, not raised by the University. Therefore, appeared the notice “thoroughly unmotivated and, therefore, arbitrary”.
The court speaks of a serious material defect. This leads to the nullity of the termination. This has, among other things, result in the Iris Ritzmann may not be a compensation of two months ‘ wages continually wrong information was given.
Appeal before the Federal Supreme court
After the conclusion of the criminal proceedings in March 2017, had left the appeals Commission of the University until February 2019, with time, to determine that the termination was due to lack of jurisdiction of the rector formally defective. Ritzmann two gross monthly wages were awarded, a party to compensation but is denied.
in Contrast, Iris Ritzmann turned to the administrative court with the requirement of the nullity of the dismissal was to determine, and it was her wages, a severance payment of 13 month and a compensation of 6 month to award wages. In addition, the appeals will have to decide Commission to.
The University of Zurich has taken the judgment of the administrative court. You will analyze the not-yet-final judgment and then decide whether the University will accept it, or to the Federal Supreme court, with allocated speaker Beat Müller on request.
Created: 21.11.2019, 10:34 PM
