Aargau Administrative Court – Corona critics rightly dismissed as teachers – News

  • The dismissal of an Aargau teacher who publicly criticized the Corona measures is permissible.
  • The Aargau administrative court ruled that the man violated his duty of loyalty to his employer.
  • The canton school teacher had referred to freedom of expression.

The teacher had been employed part-time at the Kantonsschule in Wohlen AG since 2006. During the corona pandemic, he repeatedly criticized the applicable regulations and the authorities.

He spoke at a demonstration against the Corona measures in Wohlen, gave interviews to various media and was the spokesman for an organization that opposed the Covid 19 rules.

teacher was admonished

The canton school had already warned the teacher in writing before the termination. Nevertheless, he spoke at the demonstration and sent advertising for the referendum on the Covid 19 law to all around 120 teachers from his business email address.

The teacher objected to this dismissal. His statements and activities fell under freedom of expression, he argued. He also appeared at the demonstration primarily as a private individual.

Legend:

Several hundred people took part in the demonstration in Wohlen in February 2021. She wasn’t approved. The Aargau teacher spoke to the demonstrators and massively criticized the authorities.

Keystone / Urs Flüeler

However, the administrative court came to the conclusion that the termination was lawful. With the written warning from the school, a probationary period began. Nevertheless, the teacher did not change his behavior, so that there is a factual reason for dismissal.

Freedom of expression has limits

The judgment goes on to say that the teacher did not live up to his role model function. He was uncompromising in public and encouraged people to disregard the corona protection measures ordered. He also denounced members of the authorities as criminals or criminals.

The Aargau Administrative Court writes in its judgment that each person may form their own opinion and may also spread it. However, government employees have a duty of loyalty. And the teacher violated this with his behavior.

The duty of allegiance


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Government employees have a duty of loyalty. This means that they must protect the interests of the community and not undermine trust in the state. The purpose of the duty of loyalty is that the public administration can function.

Despite the duty of loyalty, public criticism cannot be ruled out in principle, but the duty of loyalty requires a certain restraint in the manner of criticism, the Federal Supreme Court ruled in another case.

The Aargau administrative court came to the conclusion that the necessary restraint was not given in this case and that the termination was therefore lawful. The teacher can appeal the verdict before the federal court.

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