Actualités

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 […]

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

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

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