Whether the dismissal was abusive because it was based on union membership and lawful union activity.
Yes. The real reason for the termination was the employee's union affiliation and his role in the workplace protest, not the asserted economic difficulties.
The cantonal findings that the employer knew of the employee's union role before dismissal were not arbitrary; the economic justification was unproven. Under Art. 336(2)(a) CO, a dismissal motivated by union membership or lawful union activity is abusive.