Kernrechtsfrage
Whether the dismissal notice was received only after the employee returned from vacation, delaying the end of notice period
Extrahierter Entscheid
The employee was found to have received the notice on 11 August 2003, at the end of his vacation.
Extrahierte Begründung
The appellate court's factual finding on receipt bound the Federal Supreme Court; the employer's proof complaint under Art. 8 CC was moot once the fact was established.