A company’s regional director filed a claim with the labor court seeking termination of his employment contract. After filing the claim, the employee was provisionally suspended from work and then dismissed for serious misconduct.
In the dismissal letter, the employer criticized the employee for having brought a claim before the labor court seeking judicial termination of his contract.
The Supreme Court, upholding the trial court’s judgment, has declared the dismissal null and void.
The Supreme Court first observes that there is no abuse or bad faith involved in an employee’s exercise of his right to bring an action.
Secondly, the Supreme Court bases its decision on the mere presence, in the dismissal letter, of the complaint about the employee having filed a claim for judicial termination of the contract. The right to take legal action is a fundamental freedom. The employer’s infringement of that right renders the dismissal null and void in its entirety, even if the employer also based the dismissal on other grounds. The mere mention of such an invalid ground entails nullification of the dismissal.