In its decision of December 8th 2015, the Supreme Court found that it was justifiable according to law that an undertaking dismissed an employee because his department was closed down. The Supreme Court stated that it was not necessary to assess the entire undertaking when selecting which employee to dismiss, as it was sufficient to make the selection within the department that was closing down. This is an exception to the main rule, which can be deviated from on a case-to-case-basis. The Supreme Court stressed the large size of the undertaking, a longstanding practice within the company and the economic situation when it found that the employer could select the employee within the specific department. Employers should be aware that this can be considered as a softening of the main rule that employers must make the selection within the undertaking as a whole.