Decision to shut down business without consultation with Unions is anti-union behaviour (Newsletter Norme & Tributi n. 154 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

In September, the Court of Florence upheld the argument of the local Fiom CIGL (the “Union”) against the conduct of a company in the procedure to cease production permanently, which led to the dismissal of 422 employees. The Court noted that the Union was informed of the company’s intent only when notified of the collective redundancy procedure, in breach of the duties of information under the National and the Company-level Collective Agreements for metalworkers. Thus, the Union was presented with a fait accompli, without playing any role in the employer’s decision, “in the framework of a democratic and constructive discussion, which should characterise the parties’ positions”. The removal of the effects of that behaviour implies the obligation for the company to (i) properly renew the information omitted and, as a necessary consequence, (ii) the revocation of the procedure. Accordingly, the Court ordered the company to: (i) revoke the notice of opening of the procedure; (ii) implement the consultation and discussion procedures under the collective agreements; (iii) publish the text of the court decision on the most important national dailies and (iv) pay the Union’s legal costs.