Four professional soldiers were rightly dismissed

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According to the Federal Court, the Swiss army has rightly dismissed four professional soldiers for refusing to vaccinate against Covid 19. The vaccination was a preventive measure so that the special forces could be deployed abroad immediately.

The obligation to vaccinate and the dismissal in case of refusal constitute an infringement of personal freedom, but that infringement is justified in the present case, the Federal Supreme Court writes in a judgment published on Thursday.

In the case of professional soldiers in a special unit, the intervention can be considered simple. Everyone who works as a professional soldier has a special legal relationship with the state. The duty of obedience is also associated with military service.

Vaccination reasonable

The Federal Supreme Court continues that the Ordinance on Personnel for Deployment of Forces for the Protection of People and Property Abroad constitutes a sufficient legal basis for the violation of fundamental rights.

It prescribes an obligation for treatments and preventive measures. The fact that vaccinations are not explicitly mentioned is irrelevant.

A more lenient measure, such as regular tests, would not guarantee rapid operational readiness due to the stricter access rules in certain countries. In addition, the federal Supreme Court considers the vaccination to be reasonable.

Admonitions were useless

The men affected by the firings belonged to the Special Forces Command, which reports to the Operations Command. In the autumn of 2021, the four redundancies fell.

The parties involved were not convinced by pre-arranged discussions and employment law admonitions. The federal administrative court rejected the complaints last year, after which the four men went to federal court.

In August 2021, members of the special unit were involved in the evacuation of Swiss nationals and local personnel in Kabul/Afghanistan. (SDA)

Source:Blick