Kernrechtsfrage
When does interest on compensation for wrongful summary dismissal begin under Art. 337c(2) OR?
Extrahierter Entscheid
The compensation is contractual damages and bears interest from the occurrence of the loss; the lower court’s method of calculating interest from the average time of loss was upheld.
Extrahierte Begründung
Following the 1988 revision, the claim arises with the summary dismissal and is to be qualified as contractual damages. As damages, the employee is entitled to compensation interest; therefore the interest calculation based on the average date of loss is unobjectionable.