Questione giuridica chiave
Whether the dismissal was abusive retaliation for the employee's complaints under Art. 336(1)(d) CO
Decisione estratta
Yes. The employee's good-faith complaints to the employer about the director's conduct were the determining cause of the dismissal.
Motivazione estratta
The court held that a retaliatory dismissal exists when the employee's good-faith contractual claims or complaints essentially influenced the employer's decision. On the findings below, the complaints of 6 and 14 June 2002 led directly to the termination; the employer's economic justification was not credible.