Kernrechtsfrage
Whether the employee's claims were barred by abuse of rights because they were brought more than five years after dismissal.
Extrahierter Entscheid
The delay did not amount to manifest abuse of rights; filing suit before expiry of prescription, without special detrimental circumstances for the employer, was permissible.
Extrahierte Begründung
Mere inaction short of prescription is not abusive. No specific circumstance showed contradiction with the prior delay, no additional damage to the employer was established, and no unjustified advantage for the employee was demonstrated.