Samenvatting

The Bucharest Court of Appeal has ruled that in a case where a dismissal is initiated after a transfer of undertakings, but the reason for terminating the employment is attributable to the transfer of undertakings and anticipated prior to the actual transfer, the decision is null and void.
In the case at hand, the real reason for the termination of the employment contract was not believed to be the implementation of the objective restructuring plan per se, but the transfer of undertakings. Thus, even though the dissolution of the job position was considered to be a real one, because the position was no longer part of the organizational chart, the dismissal did not have a serious and objective cause.