Actualités

In a case recently heard by the French Supreme Court, an employee had been dismissed for gross misconduct, after the disciplinary procedure defined by the applicable collective bargaining agreement (CBA) had first been completed. Under the CBA, employees involved in a disciplinary procedure should receive a copy of their file at least 8 days before […]

On November 6, 2024, the French Supreme Court issued an important decision regarding the compensation and damages owed to an employee in case her dismissal is regarded as null and void. In the case at hand, the employee was dismissed for gross misconduct. She later argued that her termination was related to her pregnancy, which

In a recent case of 11 September 2024, the French Supreme Court judged that an employee’s dismissal for gross misconduct following an argument between her partner and her employer was unjustified. The case involved an employee who was on her way to start her 5 a.m. shift and was walking through the company parking lot

It is necessary to restart the entire procedure when a mutual termination agreement (‘MTA’) is modified following a refusal of approval. On October 16, 2024, the French Supreme Court issued an important ruling regarding the procedure for an approved mutual termination agreement. In this case, a MTA signed on November 24, 2015, was refused by

Following our previous article published on June 19, 2024, the French Supreme Court confirmed their position regarding verbal termination, which is always considered an unfair termination (not merely irregular). In this case, the employee was dismissed for she had been declared unfit for work on her position and with no possibility to be redeployed on

In a recent case, on September 25, 2024, the French Supreme Court confirmed that an employee cannot be dismissed for gross misconduct if the misconduct occurs during his private life. In this case, the employee committed alleged acts of sexual harassment via Instagram, using private messaging, outside his working hours and using his own computer. The employer

In a decision dated July 10, 2024, the French Supreme Court ruled that a reorganisation taking place while an employee is on sick leave should not be altogether considered as ‘unrelated to any discrimination’ in the event this reorgaization is not based on a valid economic rationale. In the case brought to the French Supreme

The facts A French employee was hired by a French company in 2019. In 2020, the employee spent her summer holidays in Canada, and as her return flight was cancelled, her employer temporarily authorised her to work from Canada. The employee requested to work from Canada on a permanent basis. She even threatened to resign.

According to Articles L1226-2-1 and L1226-12 of the French Labour Code, when an employee is declared unfit for their job, the employer must offer the employee another job suited to their abilities and comparable to the job previously held (unless the occupational health doctor expressly mentions that no redeployment is possible for the employee). If

Before implementing a redundancy process in France, the employer must determine and explain to the staff representatives, if any, and to the employees eventually made redundant the reasons for which it has no other choice but to reorganize and to make employees redundant. As a general reminder, to justify a restructuring, the Company must establish