Whether the employment termination was abusive under Art. 336 para. 1 let. e CO because it followed the employee's police questioning and statements.
A dismissal can be abusive even without direct harm to the employer's interests; on the established facts, the termination was a retaliatory measure and therefore abusive.
The Federal Supreme Court held that Art. 336 para. 1 let. e CO does not require actual prejudice to the employer. The lower court's factual findings bound the Court: the dismissal followed the employee's answers to precise police questions during an investigation, which justified the characterization as retaliation.