Questão jurídica principal
Whether the employee's taking and keeping of a mobile phone contrary to internal directives constituted just cause for immediate termination under Art. 337 CO.
Decisão extraída
Yes. The internal rules were clear, known to the employee, and especially important for the employer's anti-theft policy; as a manager, his breach seriously damaged trust.
Fundamentação extraída
A particularly grave breach is required, and the assessment is stricter for managerial staff. The directives applied to all merchandise without exception, and no receipt or loan form existed. The court found it irrelevant whether the phone came from defective goods or was exchanged, because keeping it for personal use violated the rules.