Pilot and flight attendant sue unsuccessfully Why Swiss was allowed to fire unvaccinated crew members
The dismissal of two unvaccinated Swiss employees was lawful. The Bülach District Court came to this decision - and has now communicated its reasons.
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- Two former Swiss employees have brought an unsuccessful case before the District Court of Bülach.
- They were dismissed due to their refusal to be vaccinated against Covid-19.
- The court saw the compulsory vaccination as a necessary measure to maintain flight operations and deemed alternative solutions to be insufficient.
In July 2024, the Bülach District Court dismissed the claims of two former Swiss employees who had filed a lawsuit against their dismissal due to their refusal to be vaccinated.
The detailed reasons for this decision have now been published. The dismissals were deemed justified as they were in the interests of operations and passenger safety, reports the "Zürcher Unterländer".
In December 2023, two Swiss crew members filed a lawsuit after being dismissed for deciding against the Covid-19 vaccination. This decision came at a time when Swiss had introduced a mandatory vaccination program in order to maintain flight operations.
The airline argued that compliance with the constantly changing entry regulations would not have been possible without such a requirement. Prior to the introduction of mandatory vaccination, only some of the workforce had been vaccinated, which made scheduling considerably more difficult.
Compulsory vaccination as a necessary measure
The court found that the personal rights of employees were not absolute and were subject to restrictions in the context of an employment relationship with an airline. The introduction of mandatory vaccination was seen as a necessary measure to ensure flight operations and maintain industrial peace. Alternative measures were deemed insufficient to meet the challenges posed by the pandemic.
The plaintiffs, a flight attendant and a member of the cockpit crew, did not receive any compensation and must bear the costs of the proceedings.
The flight attendant, who had worked for Swiss since 1988, had claimed compensation of six months' wages, while the pilot demanded 18 months' wages. Both claims were rejected as the court did not consider the dismissals to be abusive.
The plaintiffs' lawyer argued that the collective labor agreement did not provide for a clear vaccination obligation for the new Covid vaccine and that other airlines, such as Lufthansa, were able to maintain operations without an obligation. Nevertheless, the court ruled in favor of Swiss, as operational interests and passenger safety took precedence.
The editor wrote this article with the help of AI.