In the case here reviewed, the employer company held one of its employees - in charge of internal validation - responsible for his persistant disagreement with his colleagues. The company thus terminated him for a personal non-disciplinary reason.
The employee challenged the validity of his dismissal in court, arguing it was based on disciplinary reasons. If applicable, the employer would then be bound by the disciplinary dismissal procedure.
The Court of Appeal, approved by the French Supreme Court, analyzed the terms of the dismissal letter reporting persistent relational and communication difficulties causing professional dysfunctions and generating a climate of permanent tension within the teams.
The Court of appeal concluded that the dismissal was not based on a disciplinary reason. The French Supreme Court upheld this.