Whether the employer could avoid the indemnity under Art. 337c(3) CO after an unjustified summary dismissal because the employee had been absent and hard to reach.
The indemnity remained due; the employee's conduct did not constitute an exceptional case justifying denial of the indemnity.
The employee's failure to communicate was explained by urgent childcare during the acute phase of her child's illness. No deliberate misconduct was proven. She was in her seventh year of service, and the employer should have issued a warning to resume work rather than assume abandonment. The employee's conduct had already been reflected in the reduction of the indemnity to one month of salary.