In its decision dated 18 June 2012, the Spanish Supreme Court declared that the dismissal of a top executive was null and void due to breach of his fundamental rights.

Although a top executive employment contract is based on a relationship of trust and good faith between the parties, industrial action on the part of the executive does not constitute justification to terminate the employment contract.

Key contacts

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Samantha Brown

Managing Partner, Employment, Pensions and Incentives, UK and EMEA, London

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Steve Bell

Managing Partner, Employment, Industrial Relations and Safety, Asia and Australia, Melbourne

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Emma Rohsler

Partner, Head of Employment, Pensions and Incentives, EMEA, Paris

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Fatim Jumabhoy

Partner, Head of Employment & Workplace Investigations, Asia, Singapore