Key legal question
Whether the termination was abusive under Art. 336 CO because it was allegedly retaliation for the employee's salary and expense claims.
Extracted holding
The employee did not prove that his claims were the determining reason for dismissal; the employer's dissatisfaction with performance and business structure were credited as the reasons.
Extracted reasoning
Under Art. 336(1)(d) CO, retaliation requires that the employee's good-faith claims be the decisive motive. The federal court held that the cantonal court engaged in permissible fact finding and proof appreciation, and no violation of Art. 8 CC or Art. 336 CO was shown.