Kernrechtsfrage
Whether the dismissal was abusive because it allegedly retaliated against the employee's objection to commission charge-backs.
Extrahierter Entscheid
The retaliatory-dismissal claim was rejected: the cantonal court's finding that the real reason was the employee's repeated negative attitude and poor integration stood, and the asserted causal link to his objections was not established.
Extrahierte Begründung
The Federal Court held that the appellate findings on the real motive bound it absent demonstrated arbitrariness. The record did not show that the commission dispute was the determining cause of the notice. In any event, the termination occurred during the probation period, and the employer could end the relationship without abuse in the difficult circumstances found by the lower court.