The case: Service technician with alcohol addiction
A service technician who had been employed for many years caused a traffic accident while under the influence of alcohol in September 2022. His driver’s license was revoked, which had criminal consequences. Shortly thereafter, he was diagnosed with severe alcohol dependence. A doctor declared him completely unfit for work for four months due to his alcohol dependence.
At the end of January 2023, the parties mutually terminated the employment relationship by means of a termination agreement. After the termination of the employment relationship, the employee demanded outstanding wage payments. The employer defended itself, arguing that the incapacity to work was not only due to alcohol addiction through no fault of his own, but also self-inflicted, as the employee had knowingly and willingly driven a car while intoxicated, which had resulted in the revocation of his driver’s license.
Legal basis: Art. 324a OR
According to Art. 324a OR, an employee is entitled to continued payment of wages if they are prevented from working through no fault of their own for personal reasons such as illness or accident. The decisive factor here is not the illness itself, but the resulting inability to work.
Decision of the Federal Supreme Court
The Federal Supreme Court clarified that alcohol addiction is an illness – and in cases of advanced dependency, it is generally not the fault of the individual, although the specifics of each individual case must be assessed. The decisive factor is that the addiction developed over a period of years.
If there are several reasons for an inability to work, the reason for the inability must be examined for the respective period and whether the respective reason is culpable or non-culpable. The Federal Supreme Court ruled that the accident and the withdrawal of the driver’s license were not independent causes, but consequences of the same illness, namely severe, non-culpable alcohol dependence. There was therefore only one cause of the inability to work.
Result: The employee was entitled to continued payment of wages even though he had lost his driver’s license.
Significance for practice
This ruling (BGer 4A_221/2025 of September 11, 2025) is groundbreaking. It assesses the controversial question of whether accidents that occur as a result of addiction are considered to be through no fault of the driver. A pronounced addiction is generally considered to be no fault of the individual, but this must be examined carefully in each individual case. In the present case, the accident and the withdrawal of the driver’s license were considered to be a consequence of this.
If you have any questions regarding labor law, the attorneys at Pilatushof AG will be happy to advise you.