Key legal question
Whether the abrupt and humiliating manner of dismissal justified moral damages for personality infringement under Art. 328 and 49 CO.
Extracted holding
Yes. The manner of dismissal was objectively serious enough to warrant compensation for non-pecuniary harm, and later internal clarification did not fully repair the injury.
Extracted reasoning
Immediate escorted departure, inability to say goodbye, and the ambiguity created about the reasons for dismissal exposed the employee to humiliation and rumors; the social plan did not serve as satisfaction for this harm.