Employment dispute over enforceability of contractual terms and reversal of appellate ruling by Federal Labour Court

The Federal Labour Court (BAG) reversed the lower court's decision, upholding the employer's prevailing position and dismissing the employee's appeal, thereby reinstating the first-instance judgment which had ruled in favor of the employer. The dispute concerned a civil labor law action where the employee sought to enforce specific employment terms against the employer, which the appellate court had erroneously granted. The decisive legal basis rested on the interpretation of statutory labor law provisions and the specific contractual or customary arrangements governing the employment relationship, which the BAG determined did not support the employee's claims, resulting in the reversal of the appellate ruling and the imposition of the costs of the appeal and revision on the employee.