Key legal question
Whether the dismissal of the employee was abusive because it was motivated by her good-faith demand to exercise her directorship role with a clear job description.
Extracted holding
Yes. The employee's demand to exercise the directorship and obtain a clear mandate was a good-faith labor-law claim, and the dismissal was a retaliatory dismissal within Art. 336(1)(d) CO.
Extracted reasoning
The court accepted the cantonal finding that the real motive was the employee's insistence on fully exercising her directorial functions after obtaining the required diploma. The employer's asserted reasons were not shown to be the real cause.