Facts

This case involved the summary dismissal of an employment relationship between the plaintiff [A.] and the defendant [X. AG] . [A.] was summarily dismissed on 19 April 2001 for allegedly committing indiscretion towards clients and breaching her duty of confidentiality towards candidates. Additionally, she had refused to be available by phone once a week and to participate in a clarifying discussion, thereby breaching her duty of decency.

[A.] filed a lawsuit against the summary dismissal and claimed payment of salary, commission, training and family allowances, as well as compensation. The lower court, the Appellate Court of the Canton of Bern, dismissed the claim and considered the summary dismissal as justified.

Considerations

The Federal Supreme Court partially overturned the lower court's judgment and remanded the case for supplementation of the facts and a new decision. The Federal Supreme Court came to the following conclusions:

  • The allegations raised by the defendant to justify the summary dismissal were not so serious that they would have justified the summary dismissal without prior warning.
  • The defendant had forfeited the right to rely on the alleged refusal of the plaintiff to be available by phone once a week during the suspension as an important reason for the summary dismissal.
  • The lower…