Questão jurídica principal
Whether the canton court could refuse an indemnity analogous to Art. 337c CO because grossly disloyal conduct was not properly alleged and proved
Decisão extraída
The lower court's reasoning stood: the employee had not shown an arbitrary assessment of the facts, and the alleged grossly disloyal conduct was not established.
Fundamentação extraída
Social inquisitorial maxims under Art. 343 para. 4 CO do not release parties from active cooperation and pleading duties. The employee's complaint was merely appellatory and did not demonstrate arbitrariness in the appreciation of evidence.