Key legal question
Whether the dismissal was abusive under Art. 336 CO and entitled the employee to compensation and damages.
Extracted holding
The dismissal was not shown to be abusive; the employer terminated the contract because the employee did not meet the expected profile for the position, which is permissible with observance of notice.
Extracted reasoning
The Federal Court was bound by the cantonal findings of fact that no initial deception was proven and that the true reason was dissatisfaction with the employee’s performance. The appellant’s arguments merely attacked those factual findings and did not establish a federal-law violation.