Termination of Employment in the Context of a Business Transfer

Facts

The case concerns the transfer of the ambulance company "Ambulances Z." to company X. SA. While the Ambulances Z. company was experiencing financial difficulties, its operator [Y.] dismissed all of its personnel, including [A.], on 28 July 2008 with effect from 30 September 2008. Subsequently, [Y.] informed 20 of the 26 employees that their dismissal was "null and void" and that their employment contract would be transferred to the new entity, X. SA. However, [A.] was not among the employees whose dismissal was withdrawn. [A.] then filed an action against [Y.] and X. SA, claiming payment of salaries from October 2008 to January 2009.

Considerations

The Federal Court ruled that the business transfer within the meaning of Art. 333 para. 1 CO was indeed carried out in this case, despite the collective dismissal of 28 July 2008. However, it considered that this dismissal was not contrary to Art. 333 para. 1 CO, as it was…