Kernrechtsfrage
Whether the dismissal was abusive because it allegedly aimed to deprive the employee of social plan benefits.
Extrahierter Entscheid
The employee was not within the category of workers covered by the social plan, so the dismissal could not be abusive on that basis.
Extrahierte Begründung
The social plan applied only to employees affected by the collective dismissal. The employee worked in IT, was not part of the redundancies, and had no contractual claim to those benefits; therefore Art. 336 CO was not violated.