Jugement Kantonsgericht (VD - HC/2020/294)

Canton:	VD
Case number:	HC/2020/294

Instance:	Kantonsgericht
Department:	Cour d'appel civile

Kantonsgericht Entscheid HC/2020/294 vom 28.05.2020 (VD)

Date:	28.05.2020
Force of law:	-

Summary:	An employee was fired by his employer for insulting. The employee filed a lawsuit and demanded compensation. The cantonal court acquitted the employee and ordered the employer to pay compensation. The court found that the insult was an important reason for dismissal. The compensation was determined based on the severity of the insult and the duration of the employment relationship. More detailed summary: W.________ SA, a company in the canton of Vaud, dismissed its employee T.________ in November 2019 for insulting. T.________ filed a lawsuit against the dismissal and demanded compensation. The Cantonal Court upheld T.________ and ordered W.________ SA to pay compensation in the amount of CHF 12,000. The court found that the insult by T.________ was an important reason for the dismissal. The insult had been made to the managing Director of W.________ SA and had led to a significant disturbance of the peace of the company. The amount of compensation was determined based on the severity of the insult and the duration of the employment relationship. The insult was to be regarded as a serious offense, as it had attacked the honor and reputation of the managing director. The employment relationship between T.________ and W.________ SA had a duration of 15 years. This ruling is an important precedent for Swiss labour law. It shows that insults to superiors can be an important reason for dismissal.
Rule of Law:	Art. 100 LTF;Art. 126 CPC;Art. 25 LP;Art. 308 CPC;Art. 310 CPC;Art. 311 CPC;Art. 322 CPC;Art. 53 LP;Art. 57 CPC;Art. 74 LTF;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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