Wage Claim Confirmation Despite Employer Overpayment Offset Denial and Contributory Fault Irrelevance

The court confirmed an outstanding wage claim of CHF 5,013.50 following an immediate termination, ruling that the employer could not offset this amount against alleged overpayments from prior years because the employer failed to fulfill the annual reconciliation obligation by applying proper reservations, thus forfeiting any claim to recoup those past amounts. Furthermore, the court held that the employee's contributory fault cannot lead to a reduction of the statutory compensation claim under Article 337c paragraph 1 of the Code of Obligations (OR) for the period up to the wrongful immediate termination, adhering to prevailing federal jurisprudence which treats this compensation scheme as a special law excluding general principles of contributory fault.