Questão jurídica principal
Whether the dismissal was abusive under Art. 336(1)(d) CO because the employee had asserted contractual claims in good faith.
Decisão extraída
No abusive dismissal was established; mere inaccuracy of the employer's stated reasons was insufficient, and the record did not show a retaliatory dismissal for good-faith claims.
Fundamentação extraída
The Court held that a dismissal is abusive under Art. 336(1)(d) CO only when it is given because the other party asserted contractual claims in good faith. Here, the failed negotiations over work schedules did not show retaliation, and the cantonal court had relied only on the alleged unreality of two of the three dismissal reasons.