Questione giuridica chiave
Whether the dismissal was abusive or null because it followed incapacity and an alleged modification dismissal
Decisione estratta
The court did not finally decide the abusiveness claim; it held only that the lower court's reasoning could not stand and that the matter had to be reassessed on remand.
Motivazione estratta
The appellant could not rely on factual grounds not established below, but a dismissal after the protection period cannot be null under Art. 336c CO; if mobbing causing illness is proven, abuse of rights under Art. 2 CC may still be relevant.