Dismissal of an older employee due to illness not abusive

The Federal Supreme Court ruled that a 63-year-old employee could be dismissed for illness without the dismissal being abusive. The dismissal took place 10 months before retirement and the employee had always had a good work performance.

According to the ruling, the company was not obliged to seek a less drastic solution for the employee and was also not obliged to continue the employment relationship for almost a year without any prospect of her resuming work, just to avoid adverse consequences for her occupational pension scheme. (Source: BGE 4A_390/2021 of 1.2.2022)