Facts
D. (the claimant) worked from 1 January 1998 to 30 April 1998 as the Director of Transportation for association X. (the defendant). The employment contract was then terminated by mutual agreement. On 8 December 2000, the employee filed a claim against his former employer, which he pursued on 19 February 2001 before the District Court of Inn after an unsuccessful conciliation attempt. He requested that the defendant be ordered to pay him CHF 19,900 and to issue him a detailed and favourable work certificate. To justify his claim, he argued, among other things, that he had already worked for the defendant in December 1997 and that he had also performed numerous overtime hours during his employment, for which he should be compensated. He also claimed that the termination of the employment contract was not by mutual agreement, but that he had been dismissed without justification.Considerations
The District Court of Inn partially upheld the claim and ordered the defendant to pay the claimant CHF 14,937.65 and to issue him a complete, favourable work certificate in line with the usual standards of the company and the industry. The District Court concluded, in particular, that the claimant had performed overtime hours during the season, which the defendant had to compensate. The Cantonal Court of Grisons partially upheld the defendant's appeal against the decision of the District Court of Inn of 19 February 2002 and annulled points 1 and 4 of the contested judgment. The claim for wage compensation was rejected on the grounds that the claim for compensation of overtime hours had been filed too late and was therefore time-barred. The Federal Tribunal upheld the appeal, annulled the contested decision and remanded the case to the previous instance for a new decision. It considered that the Cantonal Court had wrongly considered that the claim…