Questão jurídica principal
Whether the subsidiary constitutional appeal was admissible despite only seeking annulment and remand, without merits conclusions.
Decisão extraída
No. In a subsidiary constitutional appeal, the appellant must in principle formulate merits conclusions; pure annulment and remand requests are inadmissible here.
Fundamentação extraída
The Federal Supreme Court can decide the merits itself if the complaint were upheld, because the appellant challenged the canton court's findings on the alleged defects of the collective dismissal procedure and, if accepted, the court could directly reject the employee's claim.