Questão jurídica principal
Whether the dismissal for lack of medical fitness was lawful under the SBB collective agreement
Decisão extraída
Yes. The employee was found to be 100% unable to work in his former post and in any other SBB function; dismissal under the collective agreement was therefore permissible.
Fundamentação extraída
The medical records consistently showed full incapacity over time, and the employer could not offer another suitable post because no work capacity remained. The court held that dismissal was not for mere lack of a vacant position but for complete, lasting inability to perform work.