Question juridique clé
Whether the employees retained an indemnity for abusive collective dismissal after accepting the withdrawal of the notices by continuing employment.
Solution extraite
No. Under Art. 336b CO, a valid withdrawal of the dismissal extinguishes the indemnity claim, even in a collective dismissal case under Art. 336a para. 3 CO.
Motifs extraits
Art. 336b CO applies to all abusive dismissals. Its purpose favors negotiation and continuation of employment over compensation. The employees tacitly accepted the withdrawal by continuing work, so the dismissal was treated as not having taken effect.