Facts
In a case pending before the Labor Court of Bremgarten/AG, the plaintiff G. filed a supervisory complaint against a summons order of the chairman of the Labor Court. The Inspection Commission of the High Court of the Canton of Aargau dismissed the complaint and imposed the procedural costs of a total of CHF 70.- on the complainant. Against this, Mrs. G. filed a constitutional appeal with the request to revoke the cost decision.Considerations
The Federal Court states that according to Art. 343 para. 3 of the Swiss Code of Obligations, in disputes arising from the individual employment contract up to a dispute value of CHF 5,000.-, neither court fees nor expenses may be imposed on the parties - except in the case of malicious litigation. This rule applies at all stages of the proceedings and before all instances, i.e. not only in the main proceedings, but also in disputes over procedural ancillary issues. Otherwise, the socio-political content of Art. 343…