Question juridique clé
Whether the discretionary severance payment could be reduced by the internal fiscal deduction and related correction
Solution extraite
The employer was bound to pay the full severance amount, subject only to legal deductions; the fiscal deduction had no contractual basis and had to be reimbursed.
Motifs extraits
The letter of dismissal granted a discretionary gratuity of CHF 102,600 subject only to deductions provided by law or valid agreements. The employee never accepted the new personnel rules, which therefore could not justify the deduction. The reference to other agreements was too imprecise to support such a substantial withholding.