Question juridique clé
Whether the cantonal court arbitrarily assessed the evidence by ignoring alleged private internet use, including pornographic sites, when upholding the finding of unjustified summary dismissal.
Solution extraite
The omission was not arbitrary; the company had pleaded the issue only in general terms, the documentary evidence was not self-explanatory, and in any event the alleged internet use would not change the legal outcome.
Motifs extraits
Arbitrariness under Art. 9 Cst. requires a manifestly unsustainable result. The appellant did not concretely allege the frequency, duration, dates, or times of the visits, and could not rely on the court to extract all relevant facts from a voluminous exhibit. Moreover, the respondent’s access to the computer by others weakened the probative value of the listing.