Key legal question
Whether the immediate dismissal was justified by just cause under employment law.
Extracted holding
No. Immediate dismissal was unjustified because the employee was objectively unable to work without fault when the notice was given; the employer's perception of refusal could not override that objective situation.
Extracted reasoning
Just cause must be assessed restrictively and, under Art. 337(3) in fine CO, an employee's faultless inability to work cannot be treated as just cause. The decisive point is the real situation at the time of notice, not what the employer believed based on appearances.