By means of ruling no. 1250/2024, the court confirmed the obligation of companies to offer a prior hearing to employees before dismissing them for disciplinary reasons (for misconduct).
This change of doctrine is based on the interpretation of Article 7 of the ILO Convention No. 158. The prior hearing allows the employee to defend themselves against the charges brought against them and to present their version of the facts. However, an exception to this hearing requirement applies in cases “in which the employer cannot reasonably be expected to grant this opportunity.” The ambiguity of this exception will likely lead to different interpretations and will heavily depend on each individual case. This requirement applies to all disciplinary dismissals after 18 November 2024 and failure to comply with the procedure will lead to the dismissal being considered unfair.