Kernrechtsfrage
Whether the employer was bound to pay salary for November 2006 to January 2007 despite claiming termination on 31 October 2006.
Extrahierter Entscheid
The appellate finding that the parties agreed on termination only on 31 January 2007 is binding, but the salary question must be reconsidered because the employee's incapacity and insurance consequences were not sufficiently established.
Extrahierte Begründung
The federal court held that the challenge to the factual finding was inadmissible; however, the salary calculation under art. 337c CO had to account concretely for sickness incapacity and possible insurance benefits.