Facts
In this case, the calculation of the dispute value, which is relevant for the subject-matter jurisdiction of the court, was at issue. The appellant had filed a claim with the Thal-Gäu Judicial Office, including a request to determine that the termination of the employment relationship by the defendant was null and void.
The lower court had set the dispute value for this declaratory claim at more than CHF 30,000, meaning that under cantonal law, the district court in a three-judge panel, and not the single judge, had jurisdiction.
The appellant contested the calculation of the dispute value by the lower court.
Considerations
The Federal Supreme Court stated that for the determination of the court's jurisdiction, the dispute value is to be assessed according to the circumstances at the time of the filing of the claim. In the present case, the appellant had filed the claim on July 24, 2013.
The Federal Supreme Court considered it correct that the lower court had taken into account the dispute value of the declaratory claim regarding the nullity of the termination. The lower court had assumed that the employment relationship would have continued in the absence of a valid termination, resulting in a dispute value of more than CHF 30,000.
The…