Transfer of undertakings: admissibility of revision based on missing factual and legal reasoning in lower court judgment

The Federal Labour Court (BAG) dismissed the plaintiff's revision appeal, upholding the lower court's judgment and ordering the plaintiff to bear the costs of the appeal. The dispute concerned a transfer of undertakings (business succession) where the employee had lodged a valid objection against the continuation of the employment relationship with the new employer. The procedural focus was on the formal compliance of the appellate court's decision, specifically whether it contained the mandatory statutory requirement of facts and reasons for the judgment. The court determined that the appellate court's failure to include a statement of facts and reasons constituted a procedural defect, although the final operative outcome of the revision was a rejection, leaving the prior instance decision in force.