Facts
Employee [A.] started a position as a field sales representative at [X. AG] on 1 November 1999. In 2004, the employer initiated a restructuring of its business activities, which was carried out in two phases. During the second phase in 2005/2006, a mass dismissal occurred, in which the employee was dismissed. The employee filed an objection to the termination and later sued for compensation due to a breach of the consultation obligations in mass dismissals.Considerations
The Federal Court concluded that the employer did not meet the requirements of the consultation procedure under Art. 335f CO in the second mass dismissal. Although the employer informed the workforce on 20 October 2005 about the already definitively decided mass dismissal, the workforce, and thus also the employee, had no opportunity to submit proposals to the employer before their final decision to avoid or mitigate the dismissals. Therefore, the employee is entitled to compensation under Art.…