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.