Whether the termination was abusive because the employer failed to warn the employee and seek a last solution before dismissal
The dismissal was abusive because, given the employee's age and long service, the employer had to hold a clarifying conversation, point out the seriousness of the shortcomings, and give a final chance to improve.
The employer's duty of care under Art. 328 OR was heightened by the employee's age and service length. Although several conflict-management measures had been taken, the employer never clearly signaled that dismissal would follow if the deficiencies were not remedied.