Facts
On May 16, 1989, D. took up a position as a construction manager at E. The employment contract dated April 5, 1989 had stipulated a notice period of two months. D. was dismissed without notice on October 26, 1989.
D. filed a claim against E. for payment of CHF 11,639.10 gross. The Labor Court of Werdenberg upheld the claim. On the defendant's appeal, the Cantonal Court of St. Gallen upheld the claim for CHF 10,949.75 net.
E. appealed to the Federal Supreme Court, requesting that the Cantonal Court's decision be overturned and the claim dismissed. The Federal Supreme Court dismissed the appeal.
Considerations
The Federal Supreme Court stated that according to Art. 337c para. 3 of the Swiss Code of Obligations, an unjustified dismissal without notice regularly results in compensation. The purpose of this compensation is to remedy the injustice done to the employee and to have a preventive effect.
In the present case, the dismissal was without good cause, as the defendant had invoked the alleged misconduct of the plaintiff as grounds for dismissal too…