Kernrechtsfrage
Whether the employer owed wages for May to October 2011 under Art. 324 OR because the employee was allegedly prevented from working.
Extrahierter Entscheid
No wage claim was shown. The employee remained able and reasonably able to work, but did not appear at work from May 2011 onward; the employer was therefore released from the duty to pay wages.
Extrahierte Begründung
The Federal Court held that the binding findings showed access to the office remained possible via the outside door. The employee did not establish a refusal of access or an unequivocal offer of work sufficient to create employer default.