The admissibility of an appeal in revision against a new judgment on the merits, rendered after the admission of an extraordinary appeal, in matters of strike law and employment contract

Facts

The dispute opposes company X. AG, a Swiss company, to ten of its former employees, who were dismissed for participating in a work stoppage (strike) in May 1979. The employees had requested a salary increase and an improvement in their working conditions, but the company had refused to negotiate. The employees then decided to go on strike, which lasted four days. The company reacted by dismissing them for gross misconduct.

The employees contested their dismissal before the courts, arguing that their strike was legitimate and that their dismissal was abusive. The cantonal court of appeal ruled in favor of the employees, considering that the strike was justified and that the dismissal was therefore abusive. The company then filed an appeal in revision with the Federal Tribunal.

Considerations

1. Admissibility of the appeal in revision

The Federal Tribunal examined whether the appeal in revision was admissible, taking into account the decision of the cantonal court of appeal. It considered that the appeal was admissible, since the decision of the cantonal court of appeal was a final decision that could be challenged before the Federal Tribunal.

2. Strike law and employment contract

The Federal Tribunal examined whether the employees' strike was legitimate and whether their dismissal was abusive. It considered that the strike was an extreme measure that could only be justified if the employees had exhausted all other avenues of appeal to resolve their conflict with the…