Conflict management in the workplace under Swiss law
1 Jul, 2024 by
Conflicts between colleagues lead to a deterioration in the working climate, loss of productivity and long-term sick leave. When a conflict arises, the employer has an obligation to act swiftly and take steps to put an end to it.
The duty to protect the personality imposes a duty on the employer to help and assist in the event of conflicts within the company. Here are some concrete steps to take in the event of conflict. The employer must take prompt action to put an end to the conflict. If the company fails to act, or simply dismisses the employee in the hope of restoring the working climate, the employer may be held liable.
This article covers the following topics:
- protection of employees' health and privacy
- duty to provide help and assistance in the event of conflict
- the employer's duty to act in the event of an attack on an employee's personality
- measures to be taken in the event of conflict
- conditions and lawfulness of ordinary or immediate termination of employment
- measures to be taken to defuse the conflict
- risks of unfair termination
- sanctions for unjustified immediate termination or unfair termination
- conflict situations and employer liability