Dispute over employee’s claim; decisive issue: substantive legal merit of the labour law action under BAG jurisdiction.

The Federal Labour Court (BAG) reversed the appellate decision and affirmed the lower court's dismissal of the plaintiff's claim, ruling in favor of the defendant. The dispute concerned a labour law matter brought by the plaintiff against the defendant, where the plaintiff sought relief that was initially granted by the first instance but rejected on appeal. The BAG's decision rested on the definitive finding that the plaintiff's claim lacked legal merit, resulting in the complete dismissal of the action and an allocation of litigation costs primarily to the plaintiff.