Facts
Ms. X. was hired on 18 October 1982 as an office employee by company [Z.], active in the construction of equipment. She received a gross monthly salary of 2,700 francs, which was increased to 2,755 francs in 1984.
By letter dated 27 December 1983, the company terminated the employment contract with effect from 29 February 1984. Ms. X. received this letter on 28 December. On the same day, she consulted a doctor who declared her unfit for work until further notice. As the employer knew, she had already been pregnant for a few months. On 2 February, she wrote to the company that she considered the dismissal to be invalid. The employer replied on 24 February that there was no question of an inopportune dismissal.
Ms. X. remained ill and did not return to work. On 25 May, she gave birth. On 28 May, she herself terminated the contract with effect from 31 July 1984.
In April 1985, Ms. X. filed an action against company [Z.] for the payment of 11,754.65 francs plus interest, corresponding to her salary from early March to the end of July 1984.
Considerations
According to the lower courts, a dismissal notified by the employer before the start of a protection period is valid, regardless of whether the worker is aware of it or not, provided that the employer acts in good faith. In this case, the dismissal should not be considered a declaration of intent requiring receipt; if it falls within a protection period, the only consequence is to extend the notice period for the duration of the protection.
However, the Federal Tribunal considers that the dismissal only takes effect from the moment it reaches the recipient. The notice period can therefore not start to run before or be interrupted. When the…