Question juridique clé
Whether the dismissal was abusive under Swiss employment law.
Solution extraite
Yes. Although illness after the protection period was invoked, the employer's prior demeaning and personality-infringing conduct during the restructuring made the dismissal abusive.
Motifs extraits
Abuse can arise from the manner of exercising the termination right. The employer imposed a fait accompli, sidelined the employee, reduced his status, left his future unclear, and acted contrary to the duty to respect personality under Art. 328 CO; the later dismissal formed part of the same process.