Facts
The respondent B. filed a partial claim against the appellant A. AG before the Labor Court of Zurich for the payment of CHF 14,981.25 plus interest for overtime compensation from the year 2016. A. AG then filed a negative declaratory counterclaim, requesting the court to declare that it does not owe B. "any compensation for overtime".
The single judge at the Labor Court did not enter into the counterclaim, as its value in dispute of over CHF 30,000 would have resulted in the application of the ordinary proceedings. The High Court of the Canton of Zurich confirmed this decision.
The Federal Court overturned the judgment of the High Court and remanded the case for further consideration to the lower instance. It decided that A. AG's negative declaratory counterclaim is admissible.
Considerations
According to the case law of the Federal Court, it is generally not permissible to file a counterclaim in simplified proceedings that falls within the scope of the ordinary proceedings due to its value in dispute of over CHF 30,000.
However, the Federal Court has decided that this rule does not apply when the defendant files a negative declaratory counterclaim in response to a genuine partial claim. The exception to the requirement of the same type of proceedings pursuant to Art. 224 para. 1 CPC is not limited to the case where the main claim is a so-called genuine partial claim, but applies generally whenever the partial claim results in an uncertainty that justifies the request for a declaration of the…