The termination of Bornet's employment relationship was justified



By judgment of 5 September, the subdistrict court of the subdistrict court rejected the complaint of the administrative judge filed by Jean-Marie Bornet against the decision of the Council of State of 12 April 2017 to terminate his employment. The government justified the dismissal with statements from the police spokesman during the election campaign.

Bornet had taken a break from work at the end of 2016 to run to the cantonal government. During the election campaign he spoke out against the road safety package Via Sicura, although he was also the head of prevention as spokesperson for the media for the cantonal police. In addition, Bornet made statements about the judiciary in connection with two lawsuits against him.

Bornet's candidacy was unsuccessful. He ended up in the back and retired before the second ballot box. When he wanted to return to his office in March 2017, he was released from the government and ended a month later.

The Council of State had accused Bornet of suspicion & # 39; because he had violated his loyalty, discretion and dignity during the election campaign. The head of communication had placed himself in a position that no longer allowed him to carry out his duties with the cantonal police, the government argued.

Bornet made several procedural infringements in its administrative complaint. He relied on freedom of speech and claimed a difference in treatment. In addition, he indicated that despite the candidacy he had respected his professional duties.

The subdistrict court ruled that the procedural rights of the complainant had been respected. Ordinary termination of the service is based on an objective and sustainable reason. The Court also notes that the obligations of loyalty, loyalty and confidentiality are both binding on the service and the non-service level and that those obligations may justify a restriction on the freedom of expression.

The subdistrict court concludes that the applicant has repeatedly and repeatedly violated his professional activities and behaved in a manner that was detrimental to the performance of his administrative duties and representation of the cantonal police. The dismissal of the service of Jean-Marie Bornet was therefore justified.

The verdict can be filed with the Federal Court. It is therefore not final yet. (SDA)

Posted on 18.09.2018 | Updated at 12:45


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