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According to the federal court, the dismissal of Professor Iris Ritzmann was not lawful. But it is not canceled.
The appeal of the University of Zurich against the ruling of the Zurich Administrative Court was successful: the Federal Supreme Court ruled by a narrow majority that the dismissal of medical historian Iris Ritzmann was abusive, but not null and void. This means that the professor is entitled to financial compensation, but the University of Zurich does not have to keep her busy.
The use of telephone and postal data was illegal
Federal judges agreed that the evidence of Ritzmann’s firing had been improperly obtained. The university had evaluated telephone and postal data to show that the professor had leaked information to the media, information that triggered the so-called “Mörgeli Affair” and led to Christoph Mörgeli being fired as director of the Museum of Medical History. The university should not have used this data to justify the termination.
Two of the five federal judges opined that if a firing was based on injustice, it would also be void. They supported the ruling of the Zurich Administrative Court, which reached the same conclusion at the end of 2019. However, the other three judges argued that the administrative court had exceeded its powers. The Zurich Personnel Law clearly states: Even if a dismissal is illegal, the victim has no right to return to work.
The administrative court decides compensation
Iris Ritzmann reacted disappointed to the decision of the regional magazine Zurich Schaffhausen: “I would have thought that if there was no reason for the dismissal, then this would not be valid. Apparently the judges had a different opinion here. “The University of Zurich, on the other hand, is relieved. The judges responded to the university’s complaint on the most important point, namely the question of whether the termination was null and void. , therefore, completely ineffective.
The case now returns to the administrative court in Zurich. You must decide on compensation and, if necessary, compensation for Iris Ritzmann. “I expect a great compensation,” says Ritzmann. “But even with the highest compensation, only part of my costs will be covered.”
The Mörgeli case: chronology of events
| time | developing |
|---|---|
| September 2012 | An academic report appears in the media. Criticizes the serious errors of the Institute and Museum of Medical History of the University of Zurich. This affects the areas of responsibility of the SVP National Councilor Christoph Mörgeli. |
| September 2012 | The University of Zurich ends its collaboration with Christoph Mörgeli. He is accused of poor performance and disloyalty. Mörgeli’s lawyer announces that he will challenge this decision. |
| November 2012 | Iris Ritzmann, who works with Christoph Mörgeli at the Medical History Institute, is released from work. Criminal proceedings will be initiated against them for violation of official secrecy. He is said to have leaked information to the media that led to Mörgeli’s dismissal. |
| March 2013 |
Against Christoph Mörgeli new accusations are loud. He is said to have directed doctoral theses, which he supervised as an adjunct professor at the Museum of Medical History, only poorly. |
| October 2013 |
The removal of medical historian Iris Ritzmann will be final. The University of Zurich justified the release with the findings of the criminal investigation. |
| June 2014 |
The Cantonal Council’s Education and Health Supervision Commission publishes a report on the dismissals of Christoph Mörgeli and Iris Ritzmann. The role of the Zurich education director, Regine Aeppli, is especially worth talking about. She is accused of ordering Mörgeli’s release. Aeppli denies the allegations. |
| December 2014 | The Zurich District Court acquitted Iris Ritzmann of the charge of violation of official secrecy due to lack of evidence. The prosecutor announces that the verdict will be issued. |
| February 2015 |
The parliament of the canton of Zurich does not want to lift the immunity of the director of education Regine Aeppli. This saves you a criminal investigation in connection with the firing of Christoph Mörgeli. |
| December 2015 | After the Zurich District Court, Iris Ritzmann is also acquitted by the Zurich High Court. |
| December 2015 | Christoph Mörgeli wins before the administrative court in Zurich. The court ruled that his dismissal from the University of Zurich was illegal. Mörgeli receives 17 months’ salary as severance pay and severance pay. |
| November 2019 | Following allegations of violation of official secrecy, Iris Ritzmann also defends herself against her dismissal from the University of Zurich. The Zurich Administrative Court ruled in his favor. The release was illegal. |
| January 2020 |
The University of Zurich decides to refer the judgment of the administrative court to the federal court. |
