Question juridique clé
Whether the dismissal was abusive under Art. 336 OR because the employer allegedly breached its duty of care and failed to de-escalate the conflict.
Solution extraite
No abusive dismissal: the termination was based on the employee's refusal to accept his superior, disregard of instructions, and derogatory conduct; no further de-escalation measures were required.
Motifs extraits
The conflict was not merely a difficult personality issue but a serious breach of employment duties that destroyed trust. The employer was entitled to end the relationship to restore workable operations; the cited case law on mobbing or clashes between employees was not comparable.