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TITLE 【Syllabus of Latest Opinion】 Supreme Court Decision 2018Du44647 Decided November 28, 2019 【Revocation of Readjudication on Relief Request for Unfair Dismissal】 [full Text]
Summary
[1] Whether even the case where there is a need for the downsizing in order to handle the future crisis before it occurs is included in “an urgent managerial necessity” among the requirements for layoff (affirmative) and, on this occasion, whether it ought to be acknowledged that the personnel cutbacks are based on objective rationality (affirmative) / What it means that an employer shall make every effort to avoid dismissal among the requirements for layoff and its ways and degree
[2] Whereabouts of the burden of proof regarding the requirements for layoff including the justification for layoff (= employer)
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