IN THE ABSENCE OF REINSTATEMENT AFTER A NULL DISMISSAL, IS THE EMPLOYEE ENTITLED TO PAID LEAVE FOR THE EVICTION PERIOD?
Mr. [Z] was hired as of July 6, 2015 by Impair, now Impairoussot (the Company), as Operations Manager.
By registered letter dated July 17, 2016, the employee asked his employer to set up elections for employee delegates, informing him of his candidacy.
On August 11, 2016, he was summoned to an interview prior to dismissal with precautionary layoff.
He was dismissed on September 7, 2016 for professional incompetence and serious misconduct, without the employer having sought authorization from the labor inspector to dismiss him.
On October 31, 2016, the employee appealed to the labour court to declare his dismissal null and void, order his reinstatement and order the employer to pay him various sums.
He retired on June 30, 2019.
Mr. [Z], whose dismissal was annulled by a court decision on the grounds of violation of his protective status against dismissal, sought payment of various sums and in particular paid annual leave for the period between the date of dismissal and the date of his retirement.