Key legal question
Whether the cantonal court arbitrarily applied burden-of-proof rules under Art. 8 CC when finding that the employer dismissed the employee.
Extracted holding
No. The cantonal judges reached their conviction through overall appreciation of the evidence, so burden-of-proof rules were not decisive.
Extracted reasoning
Once the court was convinced by the parties' post-interview conduct that the employer had dismissed the employee, Art. 8 CC no longer governed.