Question juridique clé
Whether the employer proved employee liability for damages under Art. 321e CO
Solution extraite
The employer did not establish a contractual breach causing a concrete patrimonial loss; the alleged damages were mainly speculative lost profits and dissatisfaction with performance.
Motifs extraits
Employee liability requires proven contractual breaches, fault, causation, and a specific loss. The asserted harm was a subjective assessment of disappointing business performance, not a legally sufficient damage claim. The Court also noted that the later settlement, entered into without reserving damages claims, implied a waiver of any known claim.