Key legal question
Whether the applicant was entitled to free legal representation in the first- and second-instance labor proceedings
Extracted holding
Yes. Given the legal complexity, the applicant's lay status, limited German, and the importance of the claims, counsel was necessary to protect his rights.
Extracted reasoning
Art. 29(3) BV requires appointed counsel when needed. The case involved complicated interplay of accident and sickness incapacity, termination during incapacity, and claims under Arts. 324a and 324b OR. Legal information at court and form assistance could not replace representation, especially for drafting submissions and handling settlement negotiations.