Facts
Ms. G. worked as a cashier-invoicing clerk in the service of company K. SA since 1973. On November 1, 1990, she was the victim of an accident and was prevented from working until February 28, 1991. On March 1, 1991, she partially resumed her professional activity. On March 9, 1991, she was again involved in an accident, resulting in a total incapacity to work until the end of June 1991; from July 1, 1991, she resumed her work at 50%.
By letter dated August 29, 1991, K. SA terminated the contract of its employee effective October 31, 1991; following the objections of the latter, it postponed this deadline to November 30, 1991 and, for all intents and purposes, terminated the contract again effective February 29, 1992.
Ms. G. filed an appeal for reform against this decision, concluding that the notice given should be declared null and void and that the defendant should be ordered to pay her, in particular, CHF 9,103.80 as salary for the months of December 1991, January and February 1992.
Considerations
The Federal Tribunal upheld the plaintiff's appeal on this point. According to Art. 336c para. 1 let. b CO, the employer may not terminate an employment contract, from the sixth year of service, during the 180 days following a total or partial incapacity to work resulting from an illness or accident not attributable to the fault of…