Question juridique clé
Whether the employer's dismissal constituted an abusive retaliatory dismissal under Art. 336(1)(d) CO.
Solution extraite
No. The dismissal was not a retaliatory dismissal; it followed failed negotiations over a job change and did not force the employee to accept an immediate detrimental modification under threat of dismissal.
Motifs extraits
The refusal concerned successive reorganization proposals, but the final dismissal was only given after the employee rejected the last offer and did not face the strict alternative characteristic of a change-notice dismissal in the narrow sense. The employer also kept the salary unchanged and acted within the contractual notice period.