Dismissal of an elected employee representative for economic reasons

Facts

The Federal Tribunal has been seized of an appeal against a judgment rendered by the cantonal court in a dispute between [A.] and the company X. AG. [A.] was an elected employee representative within the company X. AG. He was dismissed for economic reasons, namely a decline in turnover and financial losses in a part of the company. [A.] contested the abusive nature of this dismissal.

Considerations

The Federal Tribunal confirms its case law published in ATF 133 III 512, according to which a dismissal for economic reasons is not abusive within the meaning of Art. 336 para. 2 let. b CO, provided that it is not related to the activity carried out by the employee as an elected employee representative.

The Federal Tribunal rejects the appellant's argument to challenge this case law. It considers that neither the historical interpretation nor the teleological interpretation of the provision justify excluding economic reasons from the "justified reason" within the meaning of Art. 336 para. 2 let. b CO. The Federal Tribunal considers that the…