Case 445_52

445_52 interference 52. Court of Cassation found that Ford Otomotiv had failed to substantiate the arguments put forward in support of this difference in treatment and that the latter had thus been in violation of section 5 of Law no. 4857 of 22 May 2003 on labour, which required that the employer treat its employees equally. It took the view that the employer’s argument to the effect that such discriminatory treatment had stemmed from the need to avoid disrupting production in the various units could not justify the dismissals. That being said, the Court of Cassation concluded that, although the employer had failed to fulfil its obligation to treat employees equally, the dismissals had nonetheless been well-founded since the employees had stopped working unlawfully.