... we use to report here on a recent ruling on labour law that stands out from the mass of case law on the world of work - such as the following regarding the (limited) duty of employees to disclose personal information:
In its decision of 21 August 2023 (BGer 8C_387/2022), the Federal Supreme Court confirmed that employees must provide information in the context of pre-contractual interviews that allows the employer to clarify their suitability for the employment relationship. However, the employer (in this case SBB) cannot demand information about health data that has no influence on the suitability for the employment relationship.
Therefore, there would be no objective reason for terminating a public employment if employees conceal relevant information (e.g. by not mentioning a chronic illness in the questionnaire). Or, in the case of an employment under private law, a dismissal for this reason could be abusive and the employer would risk having to pay compensation.
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