Questione giuridica chiave
Whether the dismissal of a elected employee representative for economic reasons was abusive under Art. 336(2)(b) OR.
Decisione estratta
Economic and objective reasons can constitute a justified ground for dismissing an employee representative, provided the dismissal is not linked to the representative mandate.
Motivazione estratta
The wording of Art. 336(2)(b) OR is open and unlike Art. 340c(2) OR does not limit the justified ground to reasons set by the employee. History and purpose do not justify a broader protection against economically motivated dismissals.