Questione giuridica chiave
Whether the employee's accident-related incapacity suspended the notice period under Art. 336c OR.
Decisione estratta
The injury did not materially impair the employee's job search; no statutory blocking period was triggered and the notice period was not extended.
Motivazione estratta
The court accepted that medical incapacity existed, but held that Art. 336c Abs. 2 OR protects the employee's ability to look for work. Here, the employee had ample time due to release from duty and, despite the finger injury, could still apply and attend outplacement meetings. His own statements showed that the injury did not materially reduce his chances of finding a new job.