Key legal question
Whether the employer's notice of termination of 11 January 2004 was null because served during a protected period under Art. 336c(1)(b) CO.
Extracted holding
The termination was not null. The factual findings did not show a separate protected period starting in September 2003; the protected period began on 15 July 2003 and had already been considered by the cantonal courts.
Extracted reasoning
The employee failed to show arbitrariness in the cantonal assessment of medical evidence. The Federal Court held that the medical certificates did not establish with sufficient precision that the depressive condition caused a new incapacity for work from 5 September 2003, and the evidence supported an interrelation between the physical and psychiatric conditions.