From Misplaced Packages to Missing Paperwork: The High Stakes of Procedural Mistakes in European Dismissals
Published on 06/18/2026 at 05:25 | Redaktion boerse-global.de
A single misstep – delivering parcels to apartment doors instead of mailboxes – cost a Swiss postal worker his job after nearly 42 years. Jean-Daniel Taverney, 59, was dismissed by the Swiss Post in late May for violating internal delivery instructions. The case has now landed in the national parliament in Bern, with two politicians demanding answers from the federal government, which owns the company.
The union Syndicom has labelled the termination disproportionate and announced legal action. The Swiss Post insists on compliance with operational rules, though it said in mid-June it would re-examine the case internally. Taverney himself holds little hope for reinstatement.
EU Court Tightens Screws on Mass Dismissal Notifications
While Taverney’s individual firing hinges on disciplinary grounds, a recent European Court of Justice ruling from autumn 2025 has sharpened the legal risks for companies conducting mass layoffs. The court confirmed that if the mandatory mass-dismissal notification to authorities is missing or contains errors, every resulting termination is void. Attempts to correct the notice later do not remedy the flaw.
Germany’s Federal Labour Court (BAG) had already set a precedent in the Air Berlin case: the definition of an “establishment” for such notifications follows EU law, not national collective agreements. Misclassifying groups of employees or submitting the notice to the wrong employment agency can invalidate the entire wave of dismissals. That leaves employers exposed to reinstatement claims and back wages.
Long Service Offers No Shield – Unless the Rules Are Followed
Lengthy tenure does not guarantee protection, as several recent cases show. In mid-June, a woman in the Austrian state of Carinthia who had been summarily dismissed after 38 years reached a settlement with her employer just before a court hearing. She received nearly €33,000 net, a combination of severance and compensation for the termination.
In Germany, a management-level dispute reached higher courts. In May, the Higher Regional Court in Stuttgart declared the dismissal of the former CEO of Sparkasse Pfullendorf-Meßkirch invalid. The 2024 firing had been contested over disclosure obligations regarding Riester pension fees. The savings bank has filed a non-admission appeal, meaning the Federal Court of Justice may soon weigh in.
Even when a layoff is for operational reasons, German social selection rules can work against older workers. The Federal Labour Court has clarified that employees eligible for an old-age pension within two years of their departure are considered less socially protected – even if they have been with the company since 1972. The only exception is the retirement pension for severely disabled people, which cannot be counted against the worker.
Recognition Despite Turbulence
While courts and companies wrestle with legalities, some employers spotlight loyalty. In early June, a retail company in Oberwart, Austria, celebrated 52 employees for a combined 1,395 years of service. Several of the honorees had worked for the firm for four decades.
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