Collective dismissal and judicial review
On the number 12 /2021 of Labor Law and Practice the following article by Avv. Andrea Loro has been published.
With sentence no. 28816 of 16 December 2020, the Court of Cassation returns to dealing with collective dismissal procedures, reiterating – on the one hand – the centrality of the preventive control activity that the law attributes to trade unions and – on the other hand – the impossibility for the Judge to review the opportunity of business decisions, but only the formal regularity of the procedure.
Finally, the Court specifies that the judicial review can take place if the applicant worker fulfills the burden of proving his fungibility with other professional figures present in the company, employed in departments not formally involved in the collective dismissal procedure.