Facts
The [A. AG] (Employer) hired [B.] (Employee) with an employment contract dated April 8, 2013, as an employee in the Development/Sales department. A violent dispute arose between the Employee and his supervisor, the Workshop Manager [C.] , on November 13, 2013, during which the Employee referred to his supervisor as an "idiot". The Employer sent the Employee home and invited him to a meeting with the Managing Director [D.] and the supervisor [C.] on November 18, 2013. On November 18, 2013, [D.] handed the Employee a written warning. By letter of November 19, 2013, the Employer terminated the Employee's contract without notice "due to the events of November 13, 2013 - insult to a supervisor". The Employee filed a lawsuit with the District Court of Frauenfeld on May 7, 2014, and requested that the Employer be ordered to pay CHF 33,344.30 plus interest and minus social deductions to CHF 22,206.45, as far as paid, and to issue a certificate of employment.
Considerations
The Federal Court had to decide whether the Employee's termination without notice was justified. The Employer argued that the termination without notice was justified because the Employee had insulted his supervisor and had not apologized. The Employee argued that the termination without notice was unjustified because the Employer had previously warned him and given him the opportunity to apologize.
The Federal Court concluded that the termination without notice was unjustified. The Employer had previously warned the Employee and given him the opportunity to apologize. The fact that the Employee had insulted his supervisor did not justify the termination without notice. The Federal Court found that the Employer had exceeded its discretion in deciding on the termination…