Question juridique clé
Whether the employer had just cause for immediate dismissal under Art. 337 CO
Solution extraite
The employee's conduct was a serious breach of loyalty and could in itself justify immediate dismissal, but the employer waited too long to react; the 20-day delay showed that immediate termination was no longer justified.
Motifs extraits
Immediate termination must be declared within a short reflection period. Here the employer was informed on 20 January, had already suspended salary by 25 January, and had no proven need for further verification. It could therefore decide within the same short period whether to dismiss immediately.