Swiss Federal Supreme Court Dismisses Action of Unia Against Borregaard Schweiz AG

In its judgment of 17 March 2011 (4A_483/2010) the Swiss Federal Supreme Court dismissed an action of Gewerkschaft Unia (largest labour union in Switzerland) against Borregaard Schweiz AG concerning alleged breaches of the statutory duties of the employer during mass dismissals. The action was aimed at obtaining a landmark decision on various controversial issues concerning the legal provisions governing mass dismissals. The judgment, which was rendered by a bench of five judges, as is the case for legal issues of fundamental importance, is final. The written grounds for the decision are not yet available.

Borregaard (Schweiz) AG was represented in the court proceedings by Matthew Reiter, head of Bär & Karrer's litigation practice group. A team led by Urs Brügger advised Borregaard (Schweiz) AG during the mass dismissal.