Questão jurídica principal
Whether the employee’s criminal complaint against the company’s principal was a just cause for immediate dismissal under Art. 337 CO
Decisão extraída
Yes. The complaint was deemed reckless: the employee had not tried to clarify the matter beforehand, lacked objective grounds, and launched grave criminal allegations in a complex civil dispute.
Fundamentação extraída
Immediate dismissal is exceptional, but can be justified by a particularly grave breach of loyalty. Here the employee, a senior manager, accused the principal of serious crimes without first seeking clarification, despite a dispute rooted in complicated civil and shareholder relations. The complaint proved unfounded after a lengthy criminal investigation and was therefore temerarious.