Facts
Employee [A.] had worked as a cook in the mountain restaurant [C.] since 1 May 2005. On 19 January 2011, he was given notice effective 15 April 2011, as the former tenants were taking over the business. On 4 March 2011, the new operator [B. AG] concluded a new employment contract with [A.] with a start date of 19 April 2011. On 17 September 2011, [A.] suffered a work accident and became partially incapacitated for work. Consequently, on 25 October 2011, [B. AG] terminated the employment relationship effective 30 November 2011. [A.] argued that the termination had occurred during the blocking period under Art. 336c(1)(c) CO and was therefore null and void.Considerations
The DFC held that a business transfer within the meaning of Art. 333 CO had taken place from the former tenants to [B. AG] . However, only the employment relationship existing at the time of the business transfer passed to [B. AG] . Since the termination of 19 January 2011 occurred before the business transfer, it was lawful and did not result in the…