Facts
A. S.A., a company in Bevaix, hired Mr. M. on 3 February 1986 as the head of the "photographic masks" center. On 26 March 1992, A. S.A. dismissed Mr. M. for economic reasons, effective 30 June 1992, releasing him from his obligation to work until that deadline in order to facilitate his search for a new job. A. S.A. offered to extend the contractual notice period by a maximum of three months if Mr. M. did not find a job quickly.
Mr. M. was unable to work due to illness from 13 April to 15 June 1992. On 29 September, he asked A. S.A. to confirm that the notice period was extended until 30 November 1992, which A. S.A. refused.
Considerations
The Federal Tribunal dismissed Mr. M.'s appeal and upheld the contested judgment. According to case law, after the probationary period, the employer cannot terminate the contract when the employee is unable to work due to an illness not attributable to fault. The dismissal given during the protection period is null and the notice period is suspended until the end of this period.
In the present case, the notice period ran from 1 April to 30 June 1992 and was suspended from 13 April to 15 June 1992 due to Mr. M.'s illness. The termination of the employment relationship was postponed…