Can the businessman of the dismissal retract?

Comentario a la STS, Sala de lo Social, de 7 de octubre de 2009, rec. núm. 2694/2008

Abstract

Dismissal. Corporate retraction previous to the pretrial conciliation procedure.This is inefficent although it is determined by an excusable and substancial error and announcement makes this error explicit and implies the complete reintegration of the employee in all his rights. The dismissal occurred by mistake is a voidable act through the exercise of the action tending to the judicial declaration of the ineffectiveness of the act, although this is rejectable as contrary to judicial economy and distorting of legal regulation.