Key legal question
Whether repeated tardiness constituted just cause for immediate dismissal under Art. 337 CO
Extracted holding
No. In the concrete circumstances, the repeated late arrivals did not destroy the trust relationship to a degree making continuation of employment until the expiry of notice unreasonable.
Extracted reasoning
Immediate termination is an exceptional measure and must be assessed restrictively. Although the employee had several warnings, he also compensated by working outside normal hours and his performance otherwise remained satisfactory; the employer also waited between warnings. The cantonal court did not abuse its discretion in denying just cause.