Questão jurídica principal
Whether the federal appeal against the labor court's incidental decision was admissible despite an available cantonal appeal.
Decisão extraída
The decision could be challenged by an immediate cantonal appeal to the cantonal court, so direct recourse to the Federal Supreme Court was barred for failure to exhaust cantonal remedies.
Fundamentação extraída
Under cantonal labor-law procedure, judgments and also incidental decisions that are appealable in reform proceedings may be taken immediately to the cantonal court. That remedy has suspensive and devolutive effect, making the challenged decision non-final at cantonal level.