Employee Right to Direct Business Record Inspection vs. Procedural Expert Review

An employee entitled to a share of the net profit under a contract governed by Art. 322a Abs. 2 OR, which establishes a substantive pre-litigation duty for the employer to provide necessary information and access to business records, sought direct personal inspection in court, which the lower court treated as a procedural evidentiary request and subject to a non-appealable interlocutory decision, while offering access through a court-appointed expert reviewing submitted questions. The appellate court declined to rule on the appeal because the employee failed to demonstrate an irremediable disadvantage resulting from the denial of direct inspection, as the procedural mechanism allowing for submitting questions to an expert provided an adequate avenue for enforcing the substantive right, and any potential prejudice could be remedied later.