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 the disciplinary hearing, during which they may be assisted by another employee of the employer company. Moreover, the members of the disciplinary committee should receive communication of the file within the same timeframe.
Following his dismissal, the employee filed a case before the French Labour Court claiming that his dismissal was unfair for his employer had not provided him with the full report of the internal investigations, which led to his dismissal for gross misconduct.
In a decision dated November 27, 2024, the French Supreme Court rejected the employee’s arguments.
Indeed, it ruled that the employer has no obligation to provide the employee with the full report of the internal investigations carried out to determine the gross misconduct if it provides a file containing sufficiently precise information to allow an adversarial debate.
In the case at hand, the employee was assisted during the disciplinary hearing, and was able – during the hearing – to discuss about his gross misconduct which was sufficiently detailed to allow a genuine discussion.
Thus, the Supreme Court ruled that the employer had complied with the provisions of the CBA and that the dismissal of the employee was justified.