Key legal question
Whether the cantonal court arbitrarily disregarded the labor inspector's expert report on overtime hours
Extracted holding
No. The court could depart from the expert report because it gave reasons and relied on well-established circumstances undermining the report's credibility.
Extracted reasoning
An expert report is not binding, but a court may not replace it without decisive reasons. Here the expert himself did not consistently use the same reference schedule, and the court explained the divergence by relying on the contractual 42-hour week and the record evidence.