Facts
A. was employed as a sales assistant at X. SA under the supervision of B., the director of the company's offices in W. In 1998, two email addresses were created in the W. offices: a professional address open to all employees and a private address intended for B. During B.'s absence due to illness from October to December 1999, A. was entrusted with the company's business follow-up and was authorized to consult and use the professional address.
In June 2000, it was discovered that A. had duplicated B.'s personal address to his own address, which allowed him to access all of B.'s messages without needing his username or password. X. SA dismissed A. with immediate effect on June 15, 2000, citing this misappropriation of his superior's electronic mailbox.
Considerations
The cantonal court considered that the mere fact that A. had diverted his superior's mailbox to his own address constituted a serious violation of B.'s personality rights and justified an immediate dismissal, without prior warning, as it irreparably broke the employer's trust in the employee.
The Federal Tribunal upheld this decision. Even though it was not established that A. had read or disclosed any private messages,…