Key legal question
Whether the employee's poor performance and tardiness constituted just cause for immediate dismissal under Art. 337 CO.
Extracted holding
The employee's shortcomings were not sufficiently grave to destroy the relationship of trust; immediate dismissal was not justified.
Extracted reasoning
Poor performance in stock management was temporary and tolerated, the employee had mainly satisfied expectations as a graphist, the employer had accepted her return to that role, and tardiness had long been tolerated and partly compensated by shorter lunch breaks.