Facts
The appellant Dörig was employed as a traveling salesman for Polytechna AG and signed a contract that imposed a non-compete clause on him for five years after the termination of the employment relationship. On January 29, 1976, Dörig terminated his employment to take a position with the competitor company "Siegling (Schweiz) AG". As a result, Polytechna AG dismissed him without notice. Polytechna AG sued Dörig and obtained a precautionary injunction from the District Court of Zurich, prohibiting Dörig from engaging in any activity for the Siegling company in Switzerland or the Principality of Liechtenstein for three years.
Dörig appealed against this injunction, whereupon the High Court of the Canton of Zurich ordered the plaintiff to provide a security of 10,000 francs. The High Court then confirmed the precautionary injunction of the District Court. Dörig then filed a nullity appeal with the Court of Cassation of the Canton of Zurich, which dismissed his appeal.
Against the decision of the Court of Cassation, Dörig has now filed a constitutional appeal with the Federal Court, requesting that the decision be overturned due to a violation of Art. 4 of the Federal Constitution.
Considerations
The Federal Court considers the constitutional appeal admissible, as decisions on precautionary measures are considered final decisions within the meaning of Art. 87 of the Federal Supreme Court Act and there is an irreparable disadvantage for the appellant.
On the merits, the Federal Court examines whether the Court of Cassation has acted arbitrarily in determining the facts and interpreting Art. 340b(3) of the Swiss Code of Obligations. It concludes that the Court of Cassation did not arbitrarily assume the justification for the precautionary…