The Zurich administrative court – termination of University Professor was rechtensDie University of Zurich dismissed the former chief doctor of the children’s heart surgery at the children’s hospital as a Professor. The appeal against the dismissal has now been rejected.0 KommentareDas the main building of the University of Zurich.Photo: Keystone
The University of Zurich has pronounced the 58-year-old associate Professor of children’s heart surgery in August, 2019 “for age reasons” for the termination. The administrative court of the Canton of Zurich has rejected his appeal against the dismissal, according to a on Tuesday published judgment.
The decisive reason for the termination of the employment relationship, however, was not the age, but the fact that the physician had previously lost his position as chief doctor of the children’s heart surgery at the children’s hospital of Zurich. The children’s hospital, announced to him in November 2018 at the end of January 2020, and set him free until then. Not expressed the reasons for the children’s hospital itself.
The Jobs were to each other
As the children’s heart surgeon, 2012, the successor of René Prêtre at the children’s hospital took, it was agreed with him that he gets a professorship at the University of Zurich. coupled
According to the decision of the administrative court of the University of Zurich had a corresponding clause in the employment contract, in accordance with the out-of-slopes professorship of the activity as a head physician of the children’s heart surgery. The University had appointed, therefore, to the right, as it announced the physicians dismissal.
Forbidden to good employment conditions
The court also clarifies the “extremely generous terms and conditions of employment” have enjoyed the children’s heart surgeon in Zurich. Specifically, he had received for a full workload as the chief doctor of the children’s heart surgery, a year’s wage of 500’000 Swiss francs were added to them, if any, fees of private medical activity.
at the same time, he received the extraordinary professorship at the University of Zurich is also a 100-percent workload – more around 200’000 Swiss francs a year. Almost as a departure gift, there was on top of the 450’000 Swiss francs in the pension Fund, as well as a means of credit for the Department in the amount of 750’000 Swiss francs.
For the administrative court is “far beyond the legal framework” and was “inadmissible”. To employment both full-time noted that court, that the surgeon is unlikely to have been able to provide his employment quota for the Uni actually.
In contrast to the employment relationship at the children’s hospital, which was in private law, it was in the University professorship, a public-law employment relationship.
The physician has benefited according to the verdict, for many years of generous conditions of employment and the illegal agreement, without reservation downstream of lives. It is, therefore, in abuse of the law, if he now in the case of his dismissal on the illegality of professions.
The decision is not yet final.
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