In a ruling dated 8 January 2025 (French Supreme Court, 8 January 2025, No. 22-24.724), the French Supreme Court confirms that in the context of a redundancy, an employer who sends a collective list of available redeployment positions must explicitly communicate the selection criteria to be applied in the event of multiple applications. Failure to […]
In a recent decision, the Court of Appeal of Toulouse ruled that not all workplace conflicts, even those that are long-lasting, constitute psychological harassment. This decision emphasised that if an employer takes appropriate corrective measures, even if they do not completely resolve the situation, the claim of psychological harassment cannot be upheld. In this case,
workplace conflicts do not necessarily constitute harassment by the employer Read More »
The French Supreme Court continues to shape the contours of its recent case law regarding the right to evidence and the principle of fair and admissible proof. Flashback : at the end of 2023, the French Supreme Court has unexpectedly reversed its traditional position and accepted that, in civil litigation, a party can use evidence
The employee’s misconduct can be established by any means Read More »
Usually, when recruiting new employees, employers simply ask the employee to confirm that they are free to work for the employer and not bound by any commitments whatsoever that may prevent them from working for the employer. In a recent case, the Court of appeal of Caen nevertheless considered that the new employer may be
Be careful when recruiting an employee from a competitor Read More »
We are pleased to invite you to an exclusive webinar on the EU Pay Transparency Directive and its implications for French labor law. This session will provide key insights into the new legal framework, compliance requirements, and practical consequences for employers and employees. 🔹 Date: 11 February 2025🔹 Time: 3 PM (CET)🔹 Format: Online (Livestorm)🔹
Back to basics webinar on Pay Transparency Directive & Its Impact on French Law Read More »
In a ruling dated December 11, 2024, the French Supreme Court confirmed that sexually suggestive remarks made by an employee towards a colleague constitute a breach of such severity that it makes the employee’s continued presence in the company impossible, thereby justifying dismissal for gross misconduct. In this case, an employee made particularly inappropriate remarks
For the French Supreme Court, Sexual Harassment Necessarily Constitutes Gross Misconduct Read More »
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
Invalid dismissal of an employee during her pregnancy = full compensation Read More »
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