Nurnberg dismissal (cross-border guide)

Context

In brief

Operational details

The case

The case began on 24 September 2023, when Paola Nurnberg posted a message on her private X/Twitter profile. The post was deemed to have caused serious reputational damage to the company, and the RSI sent Nurnberg an email reprimanding her for having caused, with her post, serious reputational harm to the organisation.

• The RSI, Radiotelevisione Svizzera Italiana, based in Cadenazzo, ruled that Nurnberg’s post violated the broadcaster’s code of conduct for journalists.
• Paola Nurnberg, a well-known journalist from Ticino, had expressed her opinion on a sensitive issue related to cross-border work in Ticino, a region with numerous cross-border workers from Italy, particularly from the Lombardy and Piemonte regions.

The UNIA trade union takes a stand

The UNIA trade union came out in support of Nurnberg, arguing that her dismissal had been unjust and that the RSI had violated the journalist’s rights.

"Freedom of expression is a fundamental right and cannot be restricted by a simple social media post"

• According to UNIA, the RSI had failed to comply with Swiss employment law, which requires a minimum 30-day reflection period before dismissal.
• The union also pointed out that Nurnberg had not received any formal warning prior to the email being sent.

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Practical checklist for journalists

To avoid similar situations, journalists should consider the following checklist:

• Check the company’s code of conduct
• Use social media mindfully
• Seek authorisation for sensitive posts
• Keep records of documents and communications

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Key points

The resolution of the Nürnberg dispute

The dispute between RSI and the frontier worker Nurnberg was closed by the decision of RSI to pay all the wage claims claimed by Nurnberg. The legal procedure has been cancelled and Nürnberg cannot proceed any further. This news is important for cross-border workers working in Ticino, as it confirms that workers' rights are protected and that companies must comply with laws and collective agreements.

• Concrete example: according to Ticino law, cross-border workers are entitled to a minimum wage of CHF 19.84/hour (from 1 January 2023). If a cross-border worker working in a Ticino municipality such as Lugano or Mendrisio does not receive this minimum wage, he or she can turn to the trade unions or the competent authorities for help and support.

Protection of workers in Ticino

"Cross-border workers must be treated with dignity and respect, and companies must guarantee them safe working conditions and fair wages." - Ticino Workers' Union

• Regulations: the Workers' Protection Act (LPW) of 28 June 2018 and the collective bargaining agreement (CEA) for cross-border workers of 1 January 2020 set out the rules for the protection of workers in Ticino. For example, the CEA stipulates that cross-border workers are entitled to a transport allowance of CHF 0.80/km (from 1 January 2022).

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