Questão jurídica principal
Whether the immediate dismissal was justified under Art. 337 CO
Decisão extraída
No. The later circular did not constitute a new, more serious ground for immediate dismissal because the employer already knew of the employee's work for the competing company when it gave ordinary notice.
Fundamentação extraída
Immediate dismissal is exceptional and requires a serious breach destroying trust. Here the ordinary notice already relied on the same conduct, and the remaining contract term was short; the employer had also freed the employee from work. The circular was not a different ground and was no more serious than the previously known conduct.