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173.11 STPGLPERLPS CH-JU

Art. 90 State Personnel Act (SPA)

1. État, peuple, Authorities » 17. Authorities » 173. Members of the Authorities, "Officials and Employees"
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Art. 90 State Personnel Act (SPA)

1 The appointing authority may, at any time, terminate the employment relationship without notice for just cause.

2 Just cause is deemed to include all serious circumstances which, according to the rules of good faith, do not allow for the continuation of the employment relationship until the end of the notice period.

2bis The application to the conciliation authority and the appeal against a decision of extraordinary dismissal do not have a suspensive effect.

3 When an extraordinary dismissal is declared by the appeals authority to lack just cause, Article 87, paragraph 5, shall apply by analogy.

← Art. 89 State Personnel Act (SPA) 1. État, peuple, Authorities » 17. Authorities » 173. Members of the Authorities, **Civil Servants and Employees** Art. 91 State Personnel Act (SPA) →

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Court Decisions Applying This Provision (7)

ADM 2019 106 · ju (art. 90 al. 1 LPer)
Employee Termination for Intoxication Upheld Despite Claim of Depression
Cited as the legal basis for extraordinary termination of employment for just cause.
ADM 2019 106 · ju (art. 90 al. 2 LPer)
Employee Termination for Intoxication Upheld Despite Claim of Depression
Cited to define what constitutes just cause for extraordinary termination of employment.
ADM 2019 106 · ju (art. 90 al. 3 LPer)
Employee Termination for Intoxication Upheld Despite Claim of Depression
Cited to indicate that Art. 87 al. 8 LPer, concerning salary during extraordinary termination proceedings, is applicable by reference.
ADM 2016 137 · ju (art. 90 al. 1 LPer)
Police Dispatcher's Appeal Against Dismissal Rejected Due to Public Interest in Trustworthy Force
Cited as the legal basis for immediate termination of employment for just cause.
ADM 2016 137 · ju (art. 90 al. 2 LPer)
Police Dispatcher's Appeal Against Dismissal Rejected Due to Public Interest in Trustworthy Force
Cited as defining 'just cause' for termination to include serious circumstances that prevent continued employment.
ADM 2016 137 · ju (art. 90 al. 3 LPer)
Police Dispatcher's Appeal Against Dismissal Rejected Due to Public Interest in Trustworthy Force
Cited in relation to the application of article 87 al. 8 LPer in the context of extraordinary termination.
ADM 2011 43 · ju (Art. 90 al. 1 LPer)
Employee Misconduct vs. Employer's Delayed Termination
Basis for the employer to terminate the employment relationship without notice for just cause.