The man had to vacate his plot immediately – wrongly.
KEYSTONE
A leisure gardener in Basel was thrown out without notice for allegedly burning waste. But now a decision by the Court of Appeal shows that the accusation was unfounded – and that the city gardening department overreacted.
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A leisure gardener in Basel was dismissed without notice for allegedly burning waste.The Court of Appeal came to the conclusion that no misconduct could be proven.The city gardening department wanted to withdraw the decision, but was no longer allowed to do so – the dismissal has therefore been annulled.
What looked like a simple barbecue ended in a serious legal dispute: a recreational gardener from Basel was dismissed without notice by the city gardening department for allegedly burning waste on his plot – including cable ties, plastic, foil and screws. This was first reported by “BZ Basel”.
The city’s regulations are clear: anyone who burns or illegally disposes of waste risks being thrown out immediately.
The Leisure Garden Commission, as the appeal body, confirmed the decision of the city gardening department – the man had to vacate his garden. But the gardener refused to give in and took the matter to court. He claimed that he had not burnt anything, but had merely deposited waste near the barbecue for a short time.
Appeal was upheld
When the Basel-Stadt Court of Appeal finally dealt with the case, it took a surprising turn: The Stadtgärtnerei had changed its mind and requested that the termination be withdrawn. But it was not that simple. An authority can no longer overturn its decision if it has already been confirmed by a higher instance and the proceedings before the Court of Appeal are ongoing.
The court therefore made its own decision – and upheld the leisure gardener’s appeal. It found that it had not been proven that waste had actually been burned. The termination without notice was therefore unjustified. No court costs were charged.
This is not the only bizarre court case to cause a stir in Switzerland. The alleged fraudster Ahsan Ali Syed is said to have defrauded entrepreneurs worldwide of around CHF 26 million. His hearing at Zurich District Court dragged on like chewing gum – interpreters, documents and rambling answers delayed the proceedings. At some point, the judge’s jaw dropped.
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