Questione giuridica chiave
Whether the employee's conduct justified immediate termination for just cause under Art. 337 CO.
Decisione estratta
The conduct was a breach of safety rules but, assessed in context, it was not serious enough to make continuation of the employment relationship until notice expiry impossible in good faith.
Motivazione estratta
The cantonal court could consider the limited risk of the site, the employee's short tenure and lack of special training, his low hierarchical position, the absence of a deliberate refusal order, the lack of impact on the work, and the fact that the prior warning concerned a different issue.