Facts
The fiduciary company [F.] hired [L.], a law graduate, as an "employee" on January 4, 1967. Under the terms of the contract, [L.] was responsible for the collective management of a branch of the company and all the work in the fiduciary department. He was dismissed with immediate effect on December 29, 1967 for just cause by F.
[L.] ceased working for [F.] and subsequently engaged in sporadic auxiliary work at a debt collection office before finding an equivalent new job on May 25, 1968. [L.] filed an action against [F.] for the payment of various sums, disputing the existence of just cause for early termination. [F.] concluded the action should be dismissed and filed a counterclaim for damages.
Considerations
The Federal Tribunal considers that [F.] was entitled to invoke just cause for early termination of the employment contract under Art. 352 CO. [L.] clearly did not meet the minimum requirements in terms of professional competence required for the functions entrusted to him. His lack of initiative and interest in his work were incompatible with the managerial functions assigned to him, and were likely to definitively undermine the trust of his employer.
Therefore, [L.] is only entitled to his salary until the date of termination, i.e. January 1,…