Question juridique clé
Whether the cantonal court violated the right to be heard by not considering facts and evidence arising after the dismissal decision
Solution extraite
No. The legality of the dismissal had to be assessed on the basis of the circumstances existing when the dismissal was issued; the appellant also did not properly show that the alleged novelties had been timely introduced in the cantonal proceedings.
Motifs extraits
New facts in cantonal review are governed by cantonal procedure, and the appellant did not establish in a legally sufficient manner that she had introduced the relevant novelties. In any event, later conduct is generally irrelevant to the legality of a dismissal decided earlier.