Kernrechtsfrage
Whether the employee validly refused transfer of the employment relationship under Art. 333 OR
Extrahierter Entscheid
The employee did not refuse a transfer; her statement was an ordinary resignation, and at that time she could not yet knowingly reject a transfer that had not been sufficiently determined.
Extrahierte Begründung
A refusal under Art. 333 OR requires knowledge of the business transfer. On 30 October 2009 the outsourcing and transfer conditions were not yet definite.