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 who dismissed him for gross misconduct was not able to prove that the employee had met the victim (a client) in a professional context. The court therefore considered that a disciplinary sanction was not possible.
The only way for the employer to justify a dismissal is where the employee’s behavior disrupts the proper functioning of the company.
Cass. soc., 25 sept. 2024, nº 23‐11.558 F‐D