Questão jurídica principal
Whether the employee could claim additional lost earnings damages beyond Art. 337c CO for an alleged violation of personality rights under Art. 328 CO and Art. 97 CO.
Decisão extraída
No additional contractual damages were available because Art. 337c CO exhaustively governs the monetary consequences of an unjustified summary dismissal unless a separate, additional personality infringement or another contractual breach is proven.
Fundamentação extraída
The court held that the dismissal itself and its inherent reputational impact are already covered by Art. 337c al. 1 and 3 CO. Extra damages require either a further serious personality infringement or a distinct contractual breach; neither was shown.