Single Member Court of First Instance of Athens – Case Number 1584/2015

Labor law. Discharge of a member of the trade union. Nullity of the formal notification of termination of an employment contract. Consequences.
Conditions for the application of the provisions of the Law 1264/1982. Not following the legal procedures of the Law 1264/1982, may result in nullity of the formal notification of termination of an employment contract of a member of the trade union. Consequences of the nullity. The right of re-engagement order of the employee, does not arise as an immediate legal effect of the recognition of the nullity of the formal notification of termination of an employment contract. Objective incapacity of collaboration of the two litigants. Emotional distress due to the nullity of the formal notification of termination of an employment contract. The nullity of the formal notification of termination of an employment contract is accepted. The request for the re-engagement order of the employee is rejected and the compensation for emotional distress is adjudged.