Key legal question
Whether the employee's conduct on 4 July 2003 constituted just cause for immediate dismissal under Art. 337 CO.
Extracted holding
No. The conduct was rude and excessive, but not so serious that continuation of the employment relationship until the end of the notice period was objectively intolerable.
Extracted reasoning
The federal court relied on the cantonal findings and held that the insults and vulgarity did not amount to a concrete threat or a grave breach destroying trust. Alleged additional misconduct and alleged abandonment of the workplace were either unsupported by the findings or depended on inadmissible factual challenges. Immediate dismissal is an ultima ratio and requires a cause that makes continuation until ordinary notice impossible.