Facts
In April 2001, [A.] was hired by Swiss Post SA. From 2007 onwards, she held the position of sales associate for the "Postal Network" unit of the employer at the post office in U. In 2015, the employment contracts of the employees were modified to allow for greater flexibility in working hours.
On January 16, 2018, the employer terminated A.'s contract effective April 30, 2018, on the grounds that she could not accept the new flexible schedule proposed. [A.] opposed her dismissal, arguing that it was discriminatory and did not comply with the procedures related to collective dismissals.
After the conciliation attempt failed, [A.] brought the case before the Labor Court, concluding that the employer's "Postal Network" unit at the Swiss level should be considered an establishment within the meaning of Art. 335d CO and that the employer should be convicted for abusive dismissal.
Considerations
The Federal Tribunal rejected A.'s appeal. The concept of an establishment within the meaning of Art. 335d CO must be interpreted narrowly. Each post office, as a branch, constitutes a distinct establishment, even if they are geographically close.
According to the Federal Tribunal, Art. 335d CO does not require an establishment to have full autonomy and complete structural independence to be qualified as such. It is sufficient that it is an…