A dismissal letter referring to a labor action envisaged by the employee infringes the fundamental freedom to bring legal proceedings. This is what the Court of Cassation ruled in a judgment of November 21, 2018.
A computer business dismissed his employee for personal reasons, citing in the dismissal letter the threat of legal action. The employee brought an action before the labor court, finding that his dismissal was nil.
The employee's reasoning was followed by the Court of Cassation, which confirmed the nullity of the dismissal. The Court held that the mere mention of this labor action in the letter of dismissal constitutes an infringement of the fundamental freedom to bring legal proceedings.
