Cost allocation for unsuccessful revision in labor dispute under BAG practice

The Federal Labour Court (BAG) dismissed the employer's revision, thereby upholding the lower court's judgment and leaving the prior decision in force, with the employer ordered to bear the costs of the appeal. The dispute centered on a labor law claim where the plaintiff, a former employee, challenged the defendant, the employer, following adverse rulings in the first and second instances. The court’s decision was based on the application of substantive labor law principles governing the rights and obligations of the parties, specifically rejecting the employer's legal arguments regarding the validity or interpretation of the employment relationship or termination thereof, which had previously supported their position in the lower courts.