Facts
The plaintiff [X.] was employed by [Y. AG] from January 3, 2002, to May 31, 2003. After the termination of the employment relationship, the parties disputed the formulation of the employment reference. The plaintiff requested a specific formulation, which the defendant rejected. The Labor Court of Aarau and the FJA of the Canton of Aargau partially decided in favor of the plaintiff, but not to the extent he requested. The plaintiff appealed to the Federal Court.
The parties are [X.] (plaintiff) and [Y. AG] (defendant). The proceedings were conducted before the Federal Court, I. Civil Division. The decision of the Federal Court is dated April 28, 2005.
Considerations
The Federal Court examined the admissibility of the appeal and found that the amount in dispute was not explicitly stated, but is considered reached based on the consistent statements of the parties and the decision of the FJA. The appeal contained material requests, but also new legal petitions that were not submitted in the cantonal proceedings and are therefore inadmissible.
The Federal Court reviewed the question of whether the certificate sufficiently takes into account the actual services provided and whether the chosen formulation allows an uninvolved third party to form an accurate picture of the employee. It found that the lower court considered the reference to the plaintiff's signing authority to be sufficient and did not include any reference to the plaintiff's membership in the management team in the certificate.
The Federal Court dismissed the appeal,…