Employee Failure to Inform on Insurance Conversion and Damages

The court addressed a claim for damages where an employee, upon termination of employment, argued the employer breached its duty of care under Article 328 para. 1 of the Code of Obligations by failing to inform him about the possibility of converting his group sickness benefit insurance into an individual policy, resulting in a loss of benefits during subsequent illnesses. The court affirmed that the employer had a duty to inform the former employee about this conversion option, thus establishing a breach of contract, but ultimately dismissed the claim because the plaintiff failed to prove actual damages; the court reasoned that even if the conversion had occurred, the resulting individual insurance coverage and potential benefits would have been identical to what was available under the existing group plan or covered by the residual benefits of the prior policy for the relevant periods, and the accident-related incapacity would not have been covered by the individual sickness plan anyway.