Dismissal without notice due to lack of medical certificates

An employee fell ill after receiving notice of termination and promised to submit a doctor’s certificate but did so too late. She later stayed home sick again without informing her employer or submitting a new certificate. The employer lost patience and terminated her employment without notice.

The Federal Supreme Court upheld this decision: being ill is not grounds for dismissal, but repeatedly concealing this fact and submitting medical certificates late is. Because the employee grossly violated her duty to provide information, even though she had been warned of the consequences beforehand, trust was deemed to have been destroyed. The summary dismissal was therefore lawful. (Source: BGE 4A_486/2024 of 15 January 2025)