Termination without dismissal justified when manipulating the time clock

In the case of the dismissal due to manipulation of the time cock, the Federal Court ruled that it was justified. The court pointed out that this constituted a serious breach in the loyalty duty of the respective employee. No circumstances were presented in this case, therefore the severity of the abusive nature was relative and the dismissal was deemed as justified. The secretive working time was only a few hours away from the completion of the day, nevertheless the Federal Court considered the loss of confidence more severe than the damage caused by the time clock manipulation.

Source: BGE 4A_395/2015 from 2.11.2015

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