Facts
The dispute opposes X., a trade union, to A., its former employee. A. was hired by X. in September 2000 as a part-time lawyer, then full-time in December 2000. In March 2001, A. opened a legal clinic with other lawyers and jurists. The general secretary of X., B., discovered that A. had ties with the W. sect and decided to fire him in May 2001. A. contested his dismissal before the Labor Court of the canton of Geneva, which condemned X. to pay him compensation for moral damages. X. appealed to the Federal Court.
The key facts are as follows
- A. was hired by X. in September 2000 as a part-time lawyer, then full-time in December 2000.
- A. opened a legal clinic with other lawyers and jurists in March 2001.
- The general secretary of X., B., discovered that A. had ties with the W. sect and decided to fire him in May 2001.
- A. contested his dismissal before the Labor Court of the canton of Geneva.
- The Labor Court condemned X. to pay compensation for moral damages to A.
Considerations
The Federal Court examined the reasons for the termination of the employment contract and found that A.'s dismissal was justified due to his ties with the W. sect and his incompatibility with the union's orientations. The Federal Court also examined the issue of compensation for moral damages and found that X. had violated A.'s personality in breach of the obligations arising from article 328 CO.
The Federal Court considered that the termination of the employment contract was justified due to A.'s exercise of a constitutional right that violated an obligation resulting from the employment contract. The Federal Court also considered that the compensation for moral damages should be determined…