Question juridique clé
Whether the written employment contract was simulated and therefore could not support a claim for damages under Art. 337d OR.
Solution extraite
The contract was not genuinely intended and was only simulated; the claimant could not derive rights from it, and no contractual notice period was proven.
Motifs extraits
The cantonal court relied on inconsistencies between the written fixed-salary contract and the parties' emails referring to hourly pay, plus surrounding indications that the written document was not meant to be effective. The appellant's challenge was merely appellatory and did not show arbitrariness.