Supreme Court dismisses appeal; late union info does not validate termination or grant special tenure protection.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the defendant's cassation appeal regarding the termination of the plaintiff's employment contract. The court held that information about the union's membership submitted after the statutory deadline and after the employer's termination notice had no legal effect on the validity of the dismissal. Furthermore, the court ruled that the plaintiff could not claim special protection for the duration of her employment because she was elected to the workers' council in violation of the law, despite the employer's acceptance of this irregularity.
Regesto Legislator
Generato dall'IAArt. 251 ust. 2, ust. 2, 32, 17 ust. 1, 8 k.p., 45 § 1 k.p.: Information on union membership provided after the statutory deadline and after the employer's notice of termination does not affect the validity of the dismissal, nor does it grant the employee special protection against termination if the election to the workers' council was unlawful.