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 any other position, in accordance with the occupational doctor’s advice.
The French Supreme Court considered that the dismissal was unfair since the employer had, before the preliminary interview, expressed the irrevocable desire to terminate the employment contract.
The French Supreme Court considers that this simple fact makes the termination unfair.
Even if the dismissal is inevitable, please always wait until the end of the dismissal procedure before presenting it at such.
French Supreme Court, September 18, 2024, n°22-24.363