Reinstatement lawsuits are among the most important remedies available to employees within the scope of job security against invalid termination. Recent decisions of the Court of Cassation place significant burdens of proof on the employer when assessing whether a termination rests on a valid ground.
Prominent principles
The termination must comply with the principle of last resort (ultima ratio); the employer is expected to have examined the possibility of evaluating the employee in another position before dismissal. Moreover, the termination notice must be made in writing and with justification as a procedural requirement.
Since mediation is a condition precedent to litigation, applying to a mediator before filing a reinstatement claim is mandatory. Managing these processes diligently is critical to preventing loss of rights.