Questão jurídica principal
Whether the dismissal was null because it was given during a sickness/accident protection period under Art. 336c CO
Decisão extraída
No. The cantonal court’s application of the protection-period rules was not arbitrary; the resignation date fell outside the protected period, and later incapacity days only prolonged the notice period to the end of June 2007.
Fundamentação extraída
The later psychiatric incapacity was reasonably treated as a relapse of the earlier one, so the cumulative protection period could not exceed 180 days. Only the February/March accident days and April incapacity interrupted the notice period.