Question juridique clé
Whether the employee could claim additional damages for lost earnings after an unjustified summary dismissal under Art. 328 and 97 CO
Solution extraite
The statutory scheme of Art. 337c CO exhaustively governs the contractual monetary consequences of an unjustified summary dismissal; no additional loss-of-earnings claim lies absent a separate, further personality injury or another contractual breach.
Motifs extraits
An unjustified immediate dismissal already entails the remedies of Art. 337c(1) and (3) CO. Extra damages are possible only if the employer caused a distinct personality injury beyond the dismissal itself or breached another duty, such as by giving false references or other improper communications.