Questione giuridica chiave
Whether the termination was abusive under Art. 336(1)(a) CO in view of personality-related workplace conflicts and the employer's duty under Art. 328(1) CO.
Decisione estratta
The dismissal was not abusive because the employer had repeatedly attempted to defuse the conflict, and the termination was linked to seriously disrupted teamwork rather than an impermissible personality-based motive.
Motivazione estratta
The cantonal findings showed sustained conflicts with colleagues and doctors that made collaboration impossible. The employer held multiple meetings, issued warnings, and tried to resolve the situation, thereby satisfying its protective duty. On those facts, the dismissal was justified by the deterioration of the work relationship.