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 contract.
The employer made a counterclaim for reimbursement of undue business expenses by the employee.
The Court of Appeal ruled that the multiplication of fictitious expense claims over a period of two months constituted misconduct of such a serious nature as to prevent the employee from remaining with the company.