Facts
The appellant and the respondent concluded a sub-freight contract on May 10, 2004, which allowed the appellant to transport and deliver packages, letters, and products. The contract was concluded for an unlimited period and provided that the appellant had to make a vehicle available. On October 22, 2004, the parties met in a restaurant and agreed to terminate the contract. The appellant received a document containing the termination agreement, but refused to sign it. The parties disputed the legal nature of the contract, the type of dissolution, and the financial consequences.
The appellant sued the Court District IX Schwarzenburg - Seftigen for payment of CHF 42,029.20 from the employment contract, alternatively CHF 28,822.25 from the freight contract, each with interest. The High Court of the Canton of Bern dismissed the claim, and the appellant appealed.
Considerations
The Federal Court examined whether the oral termination agreement was legally permissible. It found that the parties had agreed on the termination of the contract and that the appellant had had sufficient time to consider it. The court found that the termination agreement represented a genuine settlement, in which both parties made concessions.
The court pointed out that a contract on the termination of an employment relationship can be permissible if it does not lead to a clear circumvention of the mandatory statutory protection against dismissal. It found that the appellant had waived serious claims with tangible prospects of…