Questione giuridica chiave
Whether the cantonal court acted arbitrarily by holding that the employee could rely on the continued full salary after reducing her workload.
Decisione estratta
No. The employer's conduct over several months allowed the employee, in good faith, to understand that her salary remained unchanged despite the reduced workload.
Motivazione estratta
The Federal Court found the cantonal court's trust-based interpretation under Art. 18 CO defensible: the employer kept paying the same salary, issued a September 2001 payroll confirming it, and only objected more than five months after the change. The employee's starting salary had also been low, making a later increase plausible.