Questione giuridica chiave
Whether the employee's criminal conviction justified summary dismissal under Art. 337 CO
Decisione estratta
The conviction concerned private conduct unrelated to the employment and did not create a sufficiently serious disruption of the employer's business; summary dismissal was unjustified.
Motivazione estratta
Just cause under Art. 337 CO is construed restrictively. Private criminal conduct can justify immediate dismissal only if it destroys the trust basis of the contract in a way that makes continued employment intolerable. Here, no objective basis existed to foresee serious workplace disruption.