Questione giuridica chiave
Whether Art. 336e OR can be applied by analogy to a summary dismissal for just cause under Art. 337 OR.
Decisione estratta
No. Summary dismissal under Art. 337 OR takes effect immediately and ex nunc, so there is no room for an analogous application of Art. 336e OR, which governs ordinary notice.
Motivazione estratta
The right to terminate summarily for just cause is effective immediately. Because the termination operates ex nunc, the protective mechanism of Art. 336e OR, designed for ordinary termination, does not apply.