Questione giuridica chiave
Whether the employer had just cause for immediate dismissal under Art. 337 CO
Decisione estratta
Yes. The employee’s conduct, viewed with the prior warning and the loss of trust, made continuation of the employment relationship intolerable.
Motivazione estratta
The court accepted the factual finding that the employee took items from the client’s premises. Such conduct breached loyalty duties and seriously undermined trust. The earlier warning reinforced that the employer could no longer tolerate further removals from sites.