Key legal question
Whether the cantonal court arbitrarily assessed the evidence in finding that the company employed D. without authorization.
Extracted holding
Yes. The cantonal court relied essentially on contradictory and incomplete statements from the site inspector and disregarded other testimony without sufficient reasons.
Extracted reasoning
The inspector contradicted himself, was only an indirect witness, and the court could not assign reduced probative value to the company employees' testimony merely because they were witnesses. The finding of an employment relationship was therefore unsustainable.