Facts
[A.] was an employee of Bank X. since March 16, 1989 and terminated the employment relationship as of December 31, 2000. During his employment, he received an annual gratification, which amounted to 3,600 CHF in the first year of service and increased to 30,000 CHF by 1999. However, he did not receive a gratification for the year 2000.
[A.] sued Bank X. at the Commercial Arbitration Tribunal of Basel-Stadt for payment of a 30,000 CHF gratification for the year 2000. The Arbitration Tribunal partially upheld the claim, but the Court of Appeal dismissed it entirely. [A.] then appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court dismisses the appeal. It finds that the additional benefits paid by Bank X. were voluntary gratifications within the meaning of Art. 322d CO and that [A.] did not acquire an entitlement to a gratification.
While a gratification can be deemed agreed upon even if it has been paid for decades with the note of voluntariness and the employer has never invoked the reservation, in the present case…