Question juridique clé
Whether the employee was entitled to the discretionary indemnity for unjustified immediate dismissal under Art. 337c al. 3 CO
Solution extraite
No. Although the immediate dismissal was unjustified, the employee’s culpable failure to timely inform the employer of his inability to work justified denying the indemnity.
Motifs extraits
The employee had a duty of loyalty to promptly notify the employer of a foreseeable absence. The delayed transmission of the new medical certificate was attributable to him and materially influenced the dismissal decision. The cantonal court did not abuse its discretion in refusing the indemnity.