Key legal question
Whether the ordinary termination of the public employment was objectively/sufficiently justified.
Extracted holding
The dismissal was objectively justified by deficient performance, inadequate qualifications, and a serious breakdown of trust within the hospital management.
Extracted reasoning
Under the hospital staff regulations and subsidiarily Art. 336 OR, termination requires a material public interest reason. The court found no arbitrariness in the cantonal court’s view that performance and behavior were unsatisfactory, trust had broken down, and the employment could no longer serve the proper functioning of the institution.