Questão jurídica principal
Whether the provisional settlement clause waived or extinguished the employee’s wage claims for October and November 2000.
Decisão extraída
No. The clause only deferred treatment of the wage consequences to the merits proceedings; it did not evidence payment, quittance, or waiver.
Fundamentação extraída
The cantonal court correctly used the trust theory because the parties’ real intent was divergent. Read objectively, the wording that the wage issues would be 'treated' in the main action meant only that their financial consequences would be addressed later, likely in matrimonial liquidation.