Questione giuridica chiave
Whether the dismissal was abusive under Art. 336(1)(d) CO because the employee asserted health-related contractual rights.
Decisione estratta
Yes. The termination was a prohibited retaliation for the employee's good-faith insistence on medically justified part-time work and health protection.
Motivazione estratta
The employer failed to prove organizational difficulties. The employee was entitled to demand due regard for his health under Art. 328(1) CO; dismissing him for refusing full-time work constituted vengeance forbidden by Art. 336(1)(d) CO.