Key legal question
Whether the immediate dismissal was justified by the employee's copying and transmission of confidential sales data.
Extracted holding
The dismissal was not justified because the employee acted on instructions from a company director who was entitled to receive the data, and the employer had given no contrary internal instructions.
Extracted reasoning
The cantonal court's factual findings were not arbitrary. The employee did not act secretly for his own benefit or for third parties, and the data were sent only to a person with managerial functions. This did not amount to a serious breach of loyalty justifying summary dismissal.