Key legal question
Whether the dismissal of the Vaud public employee was justified under Art. 59 LPers-VD despite a prior warning.
Extracted holding
The dismissal was justified because the employee persisted in key breaches: no denunciations, missed deadlines, and insufficient traceability of meat used for his side activity.
Extracted reasoning
The court held that these failures were the very matters covered by the written warning of 16 February 2009. Since the warning had not led to meaningful improvement, the employer could rely on Art. 59(3)(a) LPers-VD to terminate the employment relationship.