Question juridique clé
Whether the abrupt manner of dismissal justified moral damages for injury to personality under Arts. 49 and 328 CO
Solution extraite
Yes. The employee suffered an objectively serious and illicit personality injury from the humiliating, immediate, and ambiguous way the dismissal was carried out; CHF 2,000 was equitable.
Motifs extraits
The court found the forced immediate departure, escort by a superior, lack of farewell, and temporary rumors about the reasons for dismissal to be vexatious and humiliating. Later clarification to staff did not erase the earlier injury, and the social plan did not serve as moral-damage compensation.