Questione giuridica chiave
Whether the 21 July 2005 dismissal was replaced by a valid mutual termination agreement
Decisione estratta
No valid mutual termination agreement could be established; the dismissal remained ineffective because the alleged agreement was not shown clearly and no unequivocal consent to waive protection was proven.
Motivazione estratta
The court required clear, exceptional circumstances to infer a consensual end of employment, especially under the protection of Art. 336c CO. The record did not establish a real and common intention, and the employer could not rely on uncertain contacts with the new tenants as proof of an agreement.