Key legal question
Whether the immediate dismissal was justified by just cause under Art. 337 CO
Extracted holding
No. The employer had not clearly warned the employee that immediate dismissal would follow, and the conduct remained a relatively serious breach requiring an explicit warning before summary termination.
Extracted reasoning
Repeated criticism and a final written admonition did not contain an unambiguous threat of immediate dismissal. Under the principle of trust, the employee could not understand the note as such a warning. Without explicit warning, persistence in the misconduct could not justify summary dismissal.