Facts
[A. AG] (Appellant) and [B.] (Respondent) were in an employment relationship, in which the Respondent was active as a driver of waste disposal vehicles for municipal waste. The employment relationship was terminated on 10 November 2017 without notice. The Respondent, among other things, claimed holiday pay of CHF 31,331.80 gross. The lower court, the Cantonal Court of Fribourg, granted the Respondent holiday pay, as the Appellant had settled the holiday pay with the monthly salary and the Respondent had worked full-time.
The Appellant requests the FSCA to overturn the decision of the Cantonal Court and dismiss the appeal. The Respondent requests that the appeal be dismissed.
Considerations
The FSCA examines whether the lower court has violated federal law by granting the Respondent's holiday pay claim. The Appellant complains of a violation of Art. 329d CO, as the lower court did not examine whether there was an irregular employment relationship.
The FSCA finds that the lower court has violated federal law by assuming that, in the case of full-time employment, the settlement of the holiday claim with the ongoing salary is inadmissible in any case. The FSCA points out that an…