Facts
Martin Mächler worked as a foreman responsible for a wood processing company. From 1963 to 1967, his salary was increased several times. In 1968, Mächler filed a complaint against his former employer Alois Schuler, demanding the payment of an additional amount of CHF 2,046.75. He argued that, according to the provisions of the collective bargaining agreement (CBA) for the Swiss wood industry, he was entitled to a claim of CHF 1,637.40 and a contractual penalty of 25% (CHF 409.35) due to the non-compliance with the CBA.
The cantonal courts dismissed Mächler's claim, finding that his salary increases had already exceeded the minimum amounts provided for in the CBA. Mächler then filed an appeal to the Federal Tribunal, invoking a violation of Art. 4 Cst.
Considerations
The Federal Tribunal upheld the appeal. It considered that the provisions of the CBA regarding the calculation of salary increases based on the actually paid salary have a normative character. Failing to take them into account constitutes a violation of a clear right and is not compatible with Art. 4 Cst.
According to the Federal Tribunal, the calculations made by the cantonal instances were erroneous.…