Question juridique clé
Whether alleged tips from the main job had to be included in the hypothetical lost earnings for overcompensation purposes.
Solution extraite
The alleged tips were not proven and therefore did not have to be included.
Motifs extraits
The claimant offered only general assertions and no evidence of actual tip income. Under the applicable rules, unproven earnings cannot be added to the hypothetical lost earnings; the court also noted that tips are no longer customary in Swiss gastronomy and were excluded from the wage system under the relevant collective agreement.