Social and Environmental Committee (SEC) expertise: the challenge period runs from the day following the decision
Soc. February 5, 2025, n°22-21.892

For the first time, the Supreme Court rules that the 10-day period to challenge an expert assessment starts the day after the Committee’s deliberation and expires at midnight. If the deadline falls on a Saturday, Sunday, or public holiday, it is extended to the next working day.

Unfair and aggressive management may constitute gross misconduct justifying dismissal
Soc. February 26, 2025, n°22-23.703

An employee who engages in erratic, unjustifiably threatening, inappropriate, and aggressive behavior toward female subordinates — resulting in the resignation of one of them — combined with a clumsy management style marked by a temperamental attitude, fails to uphold their legal duty to ensure the health and safety of their team. Such misconduct constitutes a breach of their obligations, making the continuation of the employment contract impossible.

Acquitted in criminal proceedings, the employee cannot be dismissed for the same facts
Soc. February 26, 2025, n°23-11.596

When a dismissal is based on the same facts as those cited in a criminal complaint filed by the employer, and the employee has been definitively acquitted, the absence of a proven offense makes the dismissal unfair. The employer must therefore ensure not to legally characterize the employee’s alleged misconduct as a criminal offense.

Unfitness for work: the employer must consult the Social and Environmental Committee (SEC) even when redeployment is not possible
Soc. March 5, 2025, n°23-13.802

The employer is required to consult the Committee regarding potential redeployment opportunities for an employee declared unfit by the occupational physician before initiating the dismissal procedure for unfitness and impossibility of redeployment. Failure to carry out this prior consultation may render the dismissal unfair.