Questione giuridica chiave
Whether the dismissal notice was void because it was given during a protected period of incapacity for work
Decisione estratta
The notice given during the employee's incapacity was ineffective under Art. 336c(2) CO, so the employment ended only on 30 June 2008.
Motivazione estratta
The court upheld the factual finding of incapacity from 16 February to 21 April 2008 based on medical certificates; the notice communicated during that period could not take effect.