Questione giuridica chiave
Whether the employer proved the existence of an alleged CHF 6,000 loan used as a set-off defence.
Decisione estratta
The cantonal court placed the burden of proof incorrectly; the employer had to prove the loan contract first.
Motivazione estratta
A party relying on a loan derives rights from that contract and therefore bears the burden of proving its conclusion. Only after proof of the loan could the employee be required to rebut it by showing payment of wages or other employment claims.