Labour law does not allow for dismissal of certain categories of employees (e.g. protected trade unionists, workers' council members) without proper approval.

It is mostly impossible to obtain it, because the consent is given by the colleagues of the person to be dismissed, or even the person himself. On the other hand, the law mandates that the employer counteract discrimination and harassment (which in practice may mean an obligation to dismiss the perpetrator).

What if it is the protected person who is the bully and there is no consent to dismiss him?

The general workforce should be protected and the bully should be fired despite the lack of approval from the trade union or other relevant body.

This is because the purpose of protection is not to condone violations of the law, but to allow the free conduct of certain activities. Of course, this will result in a long and difficult trial.

However, Supreme Court line of rulings shows that employers have a chance not only to win the case in part (i.e. obtain a dismissal of the claim for reinstatement with compensation awarded), but even to have the claim dismissed completely. Firing the bully is the only right way.

This is because continued employment will lead to departure of good employees (and claims on their part), as well as image damage.

Find more in the PRO HR December 2022.