Key legal question
Whether the employer had just cause under Art. 337 CO for immediate dismissal
Extracted holding
The asserted breach of loyalty was not sufficiently proven and, on the facts found, did not amount to a grave breach making continuation of the employment relationship intolerable.
Extracted reasoning
Immediate dismissal is exceptional and requires a serious breach or, for lesser breaches, prior warnings. The cantonal findings bound the Federal Court: the alleged client-steering was unproven, the use of the subcontractor was not unusual, no clear ban existed, and the overall circumstances did not establish a grave, trust-destroying violation.