Question juridique clé
Whether the termination was null or abusive because of union activity or collective agreement clause 17.2
Solution extraite
The clause did not create nullity or annulment of a termination; it only complemented statutory protection against abusive dismissal.
Motifs extraits
Clause 17.2 protected worker representatives and union delegates, but contained no special sanction. In the absence of an express sanction, it was construed as fitting into the statutory system of Art. 336 CO, so the only consequence could be an abusive-dismissal indemnity.