Swiss Supreme Court rules final work period outweighs past performance in job references

The Swiss Federal Supreme Court dismissed a complaint by former Kantonspolizei Zürich employee Corinne Strebel Schlatter, who was terminated after secretly recording a workplace conversation. The court held that, when assessing a work reference, an employer may place greater weight on the employee’s behavior during the final phase of the employment relationship. Earlier positive assessments and references from previous employers are not required to be reflected in the current reference, and there is no entitlement to an overly flattering appraisal.

The ruling clarifies Swiss labour‑law practice by confirming that recent conduct, especially any breach of trust such as illegal recordings, can justify a less favorable reference, irrespective of a long record of good performance.