Is the conclusion of a promise to hire a replacement for an employee still in post sufficient to constitute verbal dismissal?

Mr. [J] was hired as Managing Director on November 13, 2017 by Holding JVM, and his employment contract was subsequently transferred to Automobiles JM.

He was dismissed for gross misconduct on February 28, 2019, and brought the matter before the industrial tribunal.

The employee claimed that he had been “de facto” dismissed on January 24, the date on which he had become aware of internal emails in which the company’s president had instructed the human resources manager to draw up, on that date, a promise to hire a new employee for his position.

The Court of Appeal agreed, declaring the dismissal to be without real or serious cause.

It noted that the company’s president had made a formal promise to hire a new employee for the position.