Zurich court sides fully with globegarden
Children who are not there do not need any care: Zürich court sides with globegarden!
Zurich. The Swiss daycare network globegarden welcomes a ruling by the court of the canton of Zurich and sees itself confirmed in its responsible course in childcare.
The court once again ruled that the Thawil community's requirements are not legal. The ruling (reference number: VB.2020.00282) made clear that only children present in the day care center need care. There is no need to plan staff for children who are sick at home or on vacation – and consequently, there is no shortage of staff. Even under the new law, it is still up to the daycare center to ensure that adequate childcare is possible with the planned staff and that the statutory childcare key is adhered to. How many staff, taking into account plannable and non-plannable absences are necessary, and how the personnel assignments are planned in detail is in the area of the organizational autonomy of the day-care center.
Christina Mair, managing director of globegarden: “The ruling of the court is groundbreaking and confirms us all along the line: There was and is no shortage of personnel at globegarden. There must be enough qualified educators present for all children who are present in the daycare. But not also for those children who are at home on vacation or sick. The court clearly stated that the conditions of the municipality of Thalwil were clearly unlawful and that investigative obligations were violated. Even more: The people employed by the community from third-party companies have exceeded their competencies and acted biased. We thank the court for this clarity."
The municipality of Thalwil must bear all procedural costs and compensate globegarden for the procedure with 8,000 francs. Christina Mair: “We hope that this decision will end a multi-year, unlawful supervisory practice and that the municipality of Thalwil itself can return to objective supervisory activity, as was already the case in the past – and is customary elsewhere. We at globegarden want to use our energy to give children a nice daycare time and not fight in court."
More information in the article in the Zürichsee-Zeitung.
More information in the article in the NZZ.
