Questione giuridica chiave
Whether the employee's immediate dismissal was justified by just cause under Art. 337 CO
Decisione estratta
No just cause existed; the employee's misconduct, taken alone or together, did not make continuation of the employment relationship intolerable.
Motivazione estratta
The refusal to do the assigned work and the later silence could justify an admonition, but the employer had already used only an warning and had not clearly threatened immediate dismissal. The illness-related absence could not be relied on against the employee. The appellate court acted within the limits of discretion.