Question juridique clé
Whether the employee's repeated manipulation of timekeeping justified immediate dismissal for just cause under Art. 337 CO
Solution extraite
Yes. Repeated intentional falsification of time records by a managerial employee destroyed the trust basis of the employment relationship and amounted to serious breach of duty.
Motifs extraits
The court held that intentional manipulation of time records is a very serious breach of fidelity and diligence duties, especially for a responsible employee who knew the rules and the sanction. No prior warning was required.