Kernrechtsfrage
Whether additional moral damages under Art. 49 CO were owed on top of the Art. 337c(3) CO indemnity for unjustified immediate dismissal.
Extrahierter Entscheid
No additional moral damages were due because the six-month indemnity already compensated the personality harm from the dismissal, and the criminal proceedings were not causally attributable to the bank in a legally relevant way.
Extrahierte Begründung
The Art. 337c(3) CO indemnity already covers the personality injury linked to the unjustified dismissal. Cumulative application of Art. 49 CO is reserved for exceptional circumstances. The court found no sufficiently grave additional harm and, in any event, no proven causal link between the bank's conduct and the employee's suffering from the criminal case.