Key legal question
Whether the termination of the employment contract was abusive under Art. 336 CO, including alleged personality infringement and retaliation for asserting rights.
Extracted holding
The employee did not prove that the dismissal was abusive; the employer dismissed him for sustained relational problems and not because he had bona fide asserted contractual rights.
Extracted reasoning
Repeated warnings over several years documented persistent behavioral issues predating the later conflicts. The isolated favorable performance evaluation did not outweigh the overall picture, and the employer was not required to find alternative solutions where the problems went beyond a bilateral dispute. Even if the employee felt sidelined by organizational changes, his conduct exceeded protected assertion of rights.