In a ruling on April 9, 2025 (FSC, April 9, 2025, n°24-12.055), the French Supreme Court assessed the seriousness of a misconduct arising from the transfer of a professional document to the employee’s personal email account.
As a reminder, an employee is required to perform their employment contract in good faith, which includes a duty of loyalty (French Labour Code, Art. L. 1222-1).
A breach of this obligation may justify a dismissal for gross misconduct, provided the facts make it impossible for the employee to remain in the company even for the duration of the notice period.
Facts:
An employee forwarded a “highly confidential” professional email to her personal email account. The employer dismissed her, considering a breach of IT security policies and a violation of her duty of confidentiality.
The employee challenged her dismissal, explaining that she intended to work from home.
Position of the Court of Appeal:
The Court of Appeal considered that the facts were demonstrated but rejected both the classification of gross misconduct and the existence of a valid ground for dismissal.
It based its decision on the employee’s clean disciplinary record for over 25 years of service and the absence of any evidence showing that the documents had been disclosed to third parties outside the company.
Ruling of the French Supreme Court:
The French Supreme Court upheld the appeal court’s ruling, holding that the employee’s actions did not make it impossible for her to remain with the company and therefore did not constitute a valid or serious ground for dismissal.
Key Takeaways:
This decision confirms that a breach of internal rules does not automatically amount to a gross miscounduct.
Misconduct must be assessed in light of several factors, including the employee’s role, length of service, disciplinary history, and the harm or risks caused to the company.
Cour de cassation, civile, Chambre sociale, 9 avril 2025, 24-12.055