Facts
The Parity Professional Commission of the Construction Industry of the Canton of Schwyz (the Appellant) had conducted a wage book audit on the piece-rate contractor [A.] (the Respondent) for the period from January 1, 2000 to March 31, 2002 and from December 1, 2002 to March 31, 2003. The audits revealed that the Respondent had violated various provisions of the National Collective Agreement for the Swiss Construction Industry (LMV) declared universally binding by the Federal Council, and had withheld monetary benefits of over CHF 909,567.15 from his employees. The Appellant subsequently imposed a contractual penalty of CHF 300,000.-- on the Respondent and additionally demanded the investigation costs of CHF 8,915.-- as well as ancillary and procedural costs of CHF 1,985.--.
Considerations
The Federal Court concluded that the lower court had incorrectly calculated the amounts withheld from the employees during the relevant period. Instead of the CHF 41,270.-- calculated in the contested judgment, the amount is approximately CHF 376,000.--. This amount consists of unpaid overtime compensation (CHF 3,266.85), unpaid sick pay (CHF 1,763.00), unpaid vacation pay (CHF 352,000.00), unpaid wage increases (CHF 11,760.00), unpaid SUVA…