Key legal question
Whether the employee's dismissal was abusive because the collective-dismissal consultation omitted him and gave incomplete information.
Extracted holding
Yes. The consultation information was incomplete and misleading because it did not disclose that the general director would also be dismissed and misstated the number of workers concerned.
Extracted reasoning
Under Art. 335f CO, consultation must enable relevant proposals by informing workers of all useful data, including the number to be dismissed and usually employed. A misleading notice is incompatible with these minimum requirements and makes the dismissal abusive under Art. 336(2)(c) CO.