Key legal question
Whether the immediate dismissal under Art. 337 CO was justified by the employee's conduct.
Extracted holding
The dismissal was not shown to be unlawful; the federal appeal court upheld the finding that the immediate termination was valid in the result.
Extracted reasoning
The cantonal court could find that the employer's written warning sufficiently addressed the misconduct and that the employee could understand the seriousness of the situation. The federal court deferred to the cantonal assessment and found no reason to disturb it.