Questione giuridica chiave
Whether the dismissal was abusive under Art. 336(1)(a) CO because of a personality-related reason
Decisione estratta
The dismissal could not be qualified as abusive on that basis, because the employee's difficult character and conduct were linked to the employment relationship and had a serious impact on teamwork.
Motivazione estratta
Art. 336(1)(a) CO requires both a personality-related reason and, cumulatively, the absence of a link with the employment relationship or a serious detriment to work in the enterprise. Those conditions were not met here.