Can illicit video surveillance be used as evidence in a dismissal for misconduct? On January 7, 2003, Ms. [M] was hired by Pharmacie mahoraise as a cashier. She was dismissed for serious misconduct by letter dated July 19, 2016 and brought an action before the labour tribunal to contest the dismissal and obtain payment of various sums in severance pay and
Does the temporary breach of a non-competition clause result in the loss of payment of the financial consideration for the future? Mr [E] was hired as a technical sales manager on March 10, 2006 by TP Plus. The employment contract included a non-competition clause. The employee resigned on January 11, 2018. TP Plus noted a breach of the non-competition clause by
Do I have to notify an employee of my dismissal? Mr. [K] was hired as a sales representative on March 4, 2012 by the Legallais company. By letter dated February 7, 2019, the employee was dismissed for gross misconduct. Challenging his dismissal, the employee appealed to the industrial tribunal. Mr. [K] claims to have been verbally informed of his dismissal, during
When the conditions for exercising the right of withdrawal are not met, is the employee liable to have his or her wages withheld? During 2016, Air France cabin crew employees exercised their right of withdrawal. In the letters sent by the employees who exercised their right of withdrawal, no reference was made to any reason. The employer then withheld their wages.
Is sexist behaviour always grounds for dismissal? Mr. [S] was hired as a senior technician on September 21, 1993 by the public technical and industrial establishment Commissariat à l’énergie atomique et aux énergies alternatives (CEA). On September 1, 2016, he was given a precautionary layoff and summoned to an interview prior to possible dismissal, then to appear before the conventional council,
Can I claim overtime if I’m on call during a business trip? [Z] was hired as an export sales assistant by Calibracier (the company) with effect from September 6, 2004. On January 1, 2014, he was promoted to Deputy General Manager. On December 6, 2018, the employee brought a claim before the labour court relating to the performance and termination of
PRESS RELEASE The ETHIC Movement (Entreprises de Taille Humaine, Indépendantes et de Croissance) was received by Astrid Panosyan-Bouvet, French Minister for Labor and Employment. The ETHIC Movement was represented by Sophie de Menthon, President of the ETHIC Movement, accompanied by Emmanuel Millard, Chairman of ETHIC’s Finance Commission, General Secretary of the ENDRIX Group and President of ICFOA, and Nicolas Durand-Gasselin, Chairman
Is it possible to claim back pay for having worked during maternity leave? Ms. [S] was hired by the [x] foundation (the foundation), as of August 24, 2009, as a development officer. She was subsequently appointed Regional Director, with executive status. The employee having signed a professional security contract, her employment contract was terminated on October 20, 2017. See the rest
Is it an offence to be unreachable on a cell phone outside working hours? Mr. [V] was hired as a truck driver on June 18, 2008 by the Transguy company. Starting in June 2015, he was notified of several disciplinary sanctions. He was finally dismissed for gross misconduct on January 16, 2018. The employee brought an action before the industrial tribunal
Can an employer claim reimbursement of unduly paid business expenses? [Z] was hired as a “CES technician” by the Madic company under an employment contract dated October 21, 2010. On June 15, 2017, the employee was dismissed for falsifying his expense claims. On September 21, 2017, he filed a claim with the labour court for breach and performance of the employment