Questione giuridica chiave
Whether the employee was entitled to salary under Art. 324 CO for the period after sickness benefits ended until the end of the employment relationship.
Decisione estratta
No. The employer's instruction in the 2006 letter released him from work only as an adjunct to the void termination notice, so he could not invoke that release against the employer's objection of non-performance.
Motivazione estratta
A release from the duty to work is a unilateral instruction, not a separate termination or acceptance of work. Because the invalid termination did not preserve an independent release from work, the employee remained bound to offer his services; failing to do so, he could not claim salary.