Court agrees with school
Aargau skeptic teacher fired due to mask dispute
A primary school teacher from the canton of Aargau did not want to comply with the corona mask requirement in autumn 2020. She was dismissed without notice – and unsuccessfully defended herself once morest it.
Published: 1:21 p.m
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Updated: 3:19 p.m
In autumn 2020, an Aargau teacher resisted the corona measures at her school. The woman did not want to wear a mask. She also informed the headmaster regarding this. She has a certificate that releases her from the mask requirement, she said.
The headmaster did not accept this, but demanded that the primary school teacher show him the report. After the second request, she finally complied. However, the document was not a personal certificate from the family doctor, but a general letter from the Internet.
The headmaster released the woman that same day and later dismissed her without notice. The fact that the primary school teacher has taken legal action once morest it has so far been unsuccessful, like that «Aargauer Zeitung» reported.
She demanded compensation
The woman first tried her luck with the Arbitration Committee for Personnel Issues. There she demanded that her wages continue to be paid during the ordinary notice period. She also demanded compensation of 9,500 francs. However, the Arbitration Commission considered the termination without notice to be justified. The teacher therefore took the case to the Aargau Administrative Court – and also dismissed it there.
The court found that the woman did not want to wear a mask and voluntarily decided not to submit to the mask requirement. She told the headmaster that the mask was not compatible with her conscience because it disrupted the lessons. According to the court, the teacher expected that her certificate would not be accepted. In addition, she was warned before the dismissal as required.
According to the court, the teacher might have averted her dismissal. “Instead, despite the threat of losing her job, she preferred to be guided by her convictions and to defend herself once morest measures that she felt were unlawful.” She had to bear the consequences of this herself, including the financial ones: the administrative court dismissed the teacher’s complaint, and the woman had to pay a party fee of 3,000 francs to the community. The verdict is not yet legally binding. (noo)