Kernrechtsfrage
Whether the employee breached the contractual non-compete and duty of loyalty, making him liable for damages.
Extrahierter Entscheid
Yes. The court upheld the finding that he ran a competing business during employment without the employer’s consent, breaching both the non-compete clause and Art. 321a OR, and remained liable for damages under Art. 321e OR.
Extrahierte Begründung
The appellant’s challenges were largely appellatory. The lower court’s factual findings on secret parallel production and sales, lack of employer knowledge, and causation were not shown to be arbitrary; the damage assessment based on the expert report stood.