Questão jurídica principal
Whether the cantonal appellate court violated Art. 343(4) OR by refusing to consider the late objection that no employment relationship existed.
Decisão extraída
No. Art. 343(4) OR does not prevent cantons from limiting appellate review and excluding new defences; the noven ban was permissible.
Fundamentação extraída
The ex officio investigation principle in labour cases does not eliminate cantonal procedural limits. To avoid delay, parties may be required to contribute evidence by a certain stage, and an appeal stage is not a place to cure omissions from first instance.