Key legal question
Whether the cantonal court arbitrarily assessed evidence by finding no common intent to end the employment contract in December 2003.
Extracted holding
The employer did not show that the cantonal court's assessment was manifestly untenable; the evidence did not prove a mutual intent to terminate by agreement.
Extracted reasoning
The employee's letter and medical annex did not prove an intention to resign; later conduct and the employer's own immediate dismissal offer were incompatible with a prior bilateral termination.