10 May, 2023 by Marianne Favre Moreillon

Subtleties in the jurisprudence of termination with immediate effect

10 May, 2023 by Marianne Favre Moreillon

Theft, sexual harassment, alcohol in the workplace, late arrivals, competing activities, all unacceptable behaviors that can lead to immediate dismissal. However, its validity is subject to restrictive conditions.

If the employer has just cause, he may dismiss an employee at any time, even during a period of illness. The facts must justify that the continuation of the employment relationship until the end of the notice period cannot be demanded by the employer.

Cases of theft or disputes, among others, may, under certain circumstances, justify immediate dismissal for just cause. Often, one or more warnings will be necessary.

This article develops the following topics:

  • immediate dismissal for just cause
  • warning
  • theft from the employer or a client
  • serious attacks on personality
  • conflicts between employees
  • immediate dismissal for sexual harassment
  • drunkenness on the job
  • working under the influence of drugs

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