Your employer may delete your position

« Mrs. A.) believes that the COMP1.) did not sufficiently proove the need to abolish her position and also criticized the Company for having made only a rough estimate of the average turnover business she generated.

The Court holds that regardless of the explanations provided by COMP1.) to justify the abolition of Mrs. A’s position, created especially to adress the HORECA market, it follows from witness statements, and Mrs. A.) does not dispute this, that the position has in fact been deleted. The reason given in support of dismissal, namely the elimination of her job position, is therefore real.

The reason is also serious as the employer is authorized to organize his business in a rational way and this not only under threat of potential losses, but also if he realizes that the job is not profitable and it is not for the Court to review the appropriateness of this action taken by the employer under his management power.  »

(C.S.J., 08/06/2015, n°40800 du rôle).