Facts
The appellant [A.] was employed as a field sales representative by the respondent [X. AG] . On 30 May 2002, he terminated the employment relationship with immediate effect, as he had to accept significant wage reductions following a product change. The respondent then sued the appellant for damages for lost sales and for breach of the non-compete clause. The Cantonal Court of St. Gallen partially upheld the claim and ordered the appellant to pay CHF 42,800 plus interest. The appellant filed a civil law appeal against this decision with the Federal Supreme Court.Considerations
The Federal Supreme Court dismissed the appeal. It stated that the Cantonal Court had not exceeded its discretion in assessing the admissibility of the immediate dismissal. The appellant had not been able to demonstrate that he could not earn…