Key legal question
Whether the employee's conduct on 3 July 2002 and refusal to apologize justified immediate dismissal under Art. 337 CO.
Extracted holding
The conduct, although improper, was not serious enough to justify immediate dismissal without prior warning.
Extracted reasoning
The altercation was isolated, the employee had worked five months without incident, the employer's intervention was disproportionate, and the courts' equitable assessment was not manifestly unjust.