Questão jurídica principal
Whether the dismissal was abusive retaliation for the employee's good-faith complaints about workplace harassment and safety
Decisão extraída
Yes. The employee's June 2002 démarches were the determining reason for dismissal, so the termination was abusive under Art. 336(1)(d) CO.
Fundamentação extraída
The worker had good-faith claims and asked the controlling shareholder to intervene. The cantonal findings showed the dismissal directly followed those complaints; alleged economic reasons were not credible.