Staff Matters n°24

In this newsletter we present a recent case in which the European Court of Justice (ECJ) ruled on the term “unauthorised absence” of an official in the sense of Art. 60 SR. As the Court decided, “absence” means physical absence. The provisions for disciplinary measures shall not be bypassed by applying the “unauthorised absence” concept in a too broad sense. Otherwise, a civil servant could be sanctioned for low performance or unwillingness under Art. 60 SR (namely by deducting leave days and/or remuneration), without affording him or her the safeguards foreseen under disciplinary law.