Questione giuridica chiave
Whether the dismissal of a long-serving employee one year before retirement was abusive under Art. 336 CO
Decisione estratta
Yes. Given the employee's age, long service, objectively satisfactory performance, recent positive evaluation, and lack of warning or search for a less severe solution, the dismissal was abusive.
Motivazione estratta
The Federal Court deferred to the factual findings and held that the case closely matched prior case law recognizing abuse where an employee near retirement is dismissed despite satisfactory performance and without prior warning or attempts at a softer solution.