Questione giuridica chiave
Whether the Tribunal administratif acted arbitrarily in confirming the immediate dismissal for grave breach of service duties.
Decisione estratta
No. Given the binding working hours and the prolonged concealment of regular, substantial absences, the commune could find a lasting breakdown of trust and order immediate dismissal without prior warning.
Motivazione estratta
The federal court found it non-arbitrary to infer from the work schedule that the chief cantonnier was also bound by it and had to request authorization for private absences. The regularity, duration, and concealment of the absences over more than two years justified the conclusion that trust was irreparably broken, even if some compensation outside hours had occurred.