Informed too late

The Zurich High Court has confirmed a ruling by the labor court against Metropol and described the mass dismissal of the commuter newspaper as abusive. The court stated that the employee consultation required by the Swiss Code of Obligations had taken place too late and was also futile. According to a statement from the media trade union Comedia, the High Court acknowledged that it was the parent company Metro International's declared strategy to present both the subsidiary and its employees with a fait accompli. As a result, the right to be heard was essentially violated. The ruling also states that the employer's obligations must be fulfilled in full even if the decision to dismiss was not made by the employer itself, but by a group head office. Metro (Schweiz) AG has waived a further appeal. The judgment is therefore final. (sm)