Kennelijk onredelijk ontslag
Manifestly unreasonable dismissal
Manifestly unreasonable dismissal is the termination of an employment contract that is clearly unreasonable for the employee, thereby entitling the court to award damages.
Manifestly unreasonable dismissal refers to a situation in which an employer terminates the employment contract without reasonable grounds or in a manner that seriously prejudices the employee’s interests. This may, for example, arise where a dismissal is effected without proper justification or without compliance with the applicable procedures.
The concept is relevant because, in cases of manifestly unreasonable dismissal, an employee may petition the court for an award of equitable compensation in addition to the statutory transition payment. This mechanism protects against arbitrary terminations and encourages employers to reach decisions with due care.
In practice, the court assesses whether the dismissal would be unacceptable to a reasonable person, taking into account factors such as length of service, age and the consequences for the employee.
“The cantonal judge held that the dismissal was manifestly unreasonable, as the employee had been dismissed after fifteen years of loyal service without any prior consultation.”
Related terms
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