Facts
X. GmbH (formerly Y. GmbH) terminated the employment relationship with A. during the probationary period with a notice period of three days. A. objected to the termination and claimed that it was abusive. The High Court of the Canton of Zurich ordered X. GmbH to pay A. compensation for the abusive termination.
X. GmbH filed a civil law appeal with the Federal Supreme Court, requesting the dismissal of A.'s claim for compensation. The Federal Supreme Court upheld the appeal, as A.'s objection was filed too late.
Considerations
A termination can also be abusive during the probationary period. Anyone who wants to claim compensation for abusive termination must object to the termination in writing to the terminating party no later than the end of the notice period.
In the case of a shortened or "unlimited" notice period during the probationary period, it may be impossible or unreasonable for the employee to file an objection in a timely manner. In such cases, the deadline for filing an objection should not be rigidly set at seven days, but should be oriented to the shortened notice period. If it is possible and reasonable for the employee to file…