Kernrechtsfrage
Whether the employee's repeated lateness and private use of company phone/internet constituted just cause for immediate dismissal.
Extrahierter Entscheid
The conduct did not justify immediate dismissal, given prior practice, the contractual and internal sanctions, and the insufficient warnings.
Extrahierte Begründung
Just cause under Art. 337 CO must be interpreted restrictively. The employer had tolerated flexible hours for a year and its own rules provided milder sanctions. The written warnings did not clearly indicate immediate dismissal, and the employer could not rely retroactively on later-discovered details it could have investigated earlier.