172.31 LPERS-VD

CH-VD

Art. 61 Legge sul personale dello Stato di Vaud (LPers-VD) - Risoluzione immediata per giusta causa

Capitolo VI

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Art. 61 LPers-VD - Risoluzione immediata per giusta causa · Risoluzione immediata per giusta causa

1. L'autorità di assunzione o il collaboratore possono rescindere immediatamente il contratto in qualsiasi momento per giusta causa. Sono considerate tali, in particolare, tutte le circostanze che, secondo le regole della buona fede, non consentono di esigere da chi ha dato il preavviso la continuazione del rapporto di lavoro.

2. Gli articoli 337b e 337c CO [H] si applicano a titolo di diritto cantonale suppletivo.

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Decisioni giudiziarie che applicano questa disposizione (18)

180----------- · vd (Art. 61 LPers-VD)

Unjustified Termination for Refusal to Transfer Amidst Judicial Suspension and Medical Leave

Cited in the context of the right of the employer to terminate the contract immediately for just cause, although this was ultimately rejected.

HC.2023.87 · vd (Art. 61 LPers-VD)

Employee Termination Appeal Over Successive Job Refusals and Medical Documentation

This provision governs the grounds for immediate termination of the employment contract, which was the core issue of the appeal concerning the dismissal.

Jug.2022.475 · vd (art. 61 LPers-VD)

Public Employee v. State: Admissibility of Appeal Challenging Official Warning Despite Expiration of Deadline During Judicial Recess

Cited in relation to the subsequent immediate termination, used to determine the continuing interest in challenging the prior warning.

Jug.2022.473 · vd (art. 61 LPers-VD)

Employee Dishwashing Refusal and Unjustified Summary Dismissal

The court found that the immediate termination of employment (licenciement immédiat) lacked just cause (justes motifs) under this article.

Jug.2020.310 · vd (art. 61 LPers-VD)

Teacher Termination Based on Admitted Criminal Conduct

Cited as the legal basis for the employer's right to immediately terminate the employment contract for just cause.

Jug.2020.273 · vd (art. 61 LPers-VD)

Manager's Wrongful Termination Suit Over Falsification and Mobbing Rejected

This article governed the grounds for immediate termination of the employment contract for just cause, which was the central issue of the dispute.

MP.2020.2 · vd (Art. 61 LPers-VD)

Employee Dismissal While on Disability Leave and Suspension of Pension Benefits

Mentioned in the reasoning as the provision exhaustively regulating the consequences of immediate dismissal, excluding reinstatement.

HC.2017.62 · vd (Art. 61 LPers-VD)

Employee Compensation for Unjustified Immediate Termination

This article was cited in the context of the discussion regarding the unjustified immediate termination and the non-cumulation of indemnities under Art. 60 LPers-VD.

HC.2016.425 · vd (Art. 61 LPers-VD)

Employee Disability vs. Alleged Mobbing in Termination Dispute

Cited in the reasoning regarding the immediate termination for just cause, which the lower court had pronounced and which the appeal challenged, but the appellate court ultimately annulled the financial consequences of the termination (which implicitly deals with the validity of the grounds for termination that led to the underlying claims).

Jug.2016.274 · vd (Art. 61 al. 1 LPers-VD)

Employee Dismissal for Time Fraud and Misconduct

This article was cited as the legal basis for the immediate termination of the employment contract for just cause, which the court upheld.

Jug.2015.507 · vd (art. 61 al. 2 LPers-VD)

Void Termination Due to Prior Disability and Successful Mobbing Claim with Damages Award

Cited in the reasoning section concerning the application of CO provisions regarding wrongful termination, which led to the declaration of nullity of the dismissal.

HC.2012.438 · vd (Art. 61 LPers-VD)

Wrongful Termination Due to Inadmissible Electronic Surveillance Evidence

This provision governs immediate termination for just cause, which was the central issue justifying the immediate termination that the court reviewed.

HC.2012.361 · vd (Art. 61 LPers-VD)

Employee v. State Employer: Unjustified Immediate Dismissal for Misappropriation

This article, which governs immediate termination for just cause and refers to Art. 337c CO, was the basis for analyzing the justification of the immediate termination, which was ultimately found to be unjustified.

85----------- · vd (Art. 61 LPers-VD)

Employee Dismissal Upheld for Threatening Emails

Cited in the reasoning leading to the confirmation of the first instance judgment which upheld the just-cause termination based on this article.

HC.2024.693 · vd (Art. 61 LPers-VD)

Appellant Dismissal for Critical Social Media Posts Upheld

Cited in the context of the appeal concerning the justification for immediate termination of employment.