Question juridique clé
Whether the immediate dismissal of 23 December 2004 was justified by just cause
Solution extraite
Yes. The employee, a director, had seriously breached his duty of loyalty by denigrating the employer to clients and soliciting a client, so continued employment could not reasonably be required.
Motifs extraits
The conduct occurred after the ordinary termination notice, damaged the employer's reputation, caused at least one client to leave, and the loyalty duty is heightened for cadres. The employer reacted promptly upon learning of the decisive facts.