Supreme Court quashes lower court ruling for failing to apply general law when collective agreement claim is unjustified.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court quashed the lower court's judgment dismissing the plaintiff's claim for a higher statutory severance pay. The plaintiff argued that a collective agreement provided for a 500% severance, but the lower courts incorrectly ruled that the employee was no longer a 'worker' upon reaching retirement age. The Supreme Court held that when a collective agreement claim is unjustified, the court must apply general statutory provisions instead of relying on a superficial linguistic interpretation of the agreement.
Legislator-Regeste
KI-generiertArt. 14 ust. 3 z.u.z.p.; Art. 921 § 1 k.p.; When a claim based on a collective agreement is unjustified, the court must evaluate the request based on general mandatory provisions rather than a narrow linguistic interpretation of the agreement.