Questione giuridica chiave
Whether the employee was entitled to a severance payment under § 24 PG after the abolition of his unit and transfer to a successor institution.
Decisione estratta
No. The Court held that, in the concrete circumstances, the employment relationship was not dissolved in the sense of § 24 PG; the move to the successor institution and the safeguards offered to the employee made refusal of severance payment non-arbitrary.
Motivazione estratta
Although the statutory wording could suggest a claim, the Court relied on legislative purpose and context: the severance payment is a goodwill-based award for hardship after termination. Here the canton took extensive measures to avoid unemployment and preserve employee benefits, so the lower court could reasonably view the case as a transfer rather than a termination.