Jugement Kantonsgericht (VD - 2020/47)

Canton:	VD
Case number:	2020/47

Instance:	Kantonsgericht
Department:	Sozialversicherungsgericht

Kantonsgericht Entscheid 2020/47 vom 09.03.2020 (VD)

Date:	09.03.2020
Force of law:	-

Summary:	An employee who was terminated by her employer during her pregnancy is entitled to compensation for involuntary unemployment. The termination was ineffective, as it occurred due to pregnancy. The employee was unable to work during the notice period. Therefore, she is entitled to compensation for involuntary unemployment in the amount of unemployment benefits. The compensation is to be paid by the employer. More detailed summary: The employee A. S._______ was employed as an assistant at the company M.________ Sàrl from November 2007 to August 2010. She became pregnant in July 2010. She was terminated in August 2010. The employee filed a complaint against the dismissal. She claimed that the termination was due to her pregnancy. The federal court gave the employee the right. The termination was ineffective, as it occurred due to pregnancy. The employee was unable to work during the notice period. Therefore, she is entitled to compensation for involuntary unemployment in the amount of unemployment benefits. The compensation is to be paid by the employer. More details: The Federal Court justified its decision by the fact that the dismissal of the employee was not socially justified. The employer had not proven that she should have terminated the employee for operational reasons. On the contrary, the employer had always praised the employee in the years before. The Federal Court also found that the employee was unable to work during the notice period. She was on sick leave due to her pregnancy. Therefore, she was not entitled to unemployment benefits. Therefore, the employer is obliged to pay compensation to the employee for involuntary unemployment. The Federal Court's ruling is an important precedent for female employees who are terminated during their pregnancy. It clarifies that such dismissals are ineffective and the employees are entitled to compensation.
Rule of Law:	Art. 100 LTF;Art. 17 LP;Art. 43 LP;Art. 44 LP;Art. 56 LP;Art. 6 LP;Art. 60 LP;Art. 7 LP;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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