The Supreme Court: The court does not examine the rationality of a decision of an employer to eliminate a job for organizational reasons
The former head of the registrar's office was dismissed because of the elimination of the position and allegations of, among others, unauthorized network access and leaving the workplace without permission. After the termination, the mayor performed the duties and the position was not filled again.
The employee brought an action for damages for unjustified termination of employment. The district court found that the elimination of the position was actual and was sufficient to be able to consider that the termination was lawful. The regional court assessed the case similarly, noting that how an employer manages a workplace cannot be subject to the review of a court because that is in exclusive competence of the employer.
The Supreme Court refused to give leave to the employee to seek cassation. It indicated that the assessment of the rationality of the decision to eliminate a position is solely an autonomous decision of an employer and is not subject to judicial review. The Supreme Court, thereby, confirmed the judgment of the court of appeal and recognized that labour courts do not have the competency to assess the rationality of how an employer decides to organize matters.