Specification of the scope of redundant employees in case of change in organization
(Decision of the Supreme Court from 24 March 2016, file no. 21 Cdo 2457/2015)
In this case the plaintiff was given a termination notice because of redundancy. She, however, did not agree with this termination notice. According to the plaintiff, there was no causal link between her redundancy and the change in organization which had been approved by her employer before. The respective decision of the employer did not specify the particular employee, it only mentioned the number of redundant employees and the name of the department which should be affected. The court of 1st instance as well as the appeal court uphold the plaintiff´s claim and satisfied it.
According to the Supreme Court, however, the employer did not make a mistake as the decision on change in organization COULD possibly affect more employees as well. Specification of the particular employee made in consequence of such decision is then solely upon the employer. This redundant employee may be specified only in the termination notice itself according to the Supreme Court. The Court is then not authorized to consider such decision of the employer.