Question juridique clé
Whether the termination was abusive because it was allegedly retaliation for the employee's good-faith assertions of contractual rights under Art. 336(1)(d) CO.
Solution extraite
The employee did not prove, even by circumstantial evidence, that the dismissal was motivated by retaliation for claims raised in good faith; the employer's stated reasons were accepted as real and determinative.
Motifs extraits
A retaliatory dismissal under Art. 336(1)(d) CO requires that the employee have asserted, in good faith, claims arising from the employment contract and that these claims have been the determining cause of the termination. The cantonal findings on the real motive bound the Federal Court absent arbitrariness. The appellant's submissions merely replaced the lower court's evidence assessment with her own and did not show manifestly incorrect fact-finding.