Case law news: focus on the application of the principle of equality in employment protection plans
Soc. 26 juin 2024, n°22-20.521

In the same company, two redundancy procedures for economic reasons may take place one after the other. In this case, the first redundancy procedure concerned two employees, followed by a second procedure involving some thirty employees, which was accompanied by a social-economic plan.

In principle, the social-economic plan cannot apply to an employee whose contract has been terminated prior to its adoption. Nevertheless, employees who are in an identical situation may claim, on the basis of the principle of equal treatment, compensation for the social-economic plan measures of which they have been unfairly deprived, provided that:

1° the two redundancy plans were presented less than thirty days apart;

2° the employees were in the same situation regarding the same economic difficulties invoked by the company.

Thus, if the dismissed employee cannot benefit from the social-economic plan concluded after the termination of his employment contract, he can claim compensation for having been deprived of the supra-legal redundancy indemnity provided for by the social-economic plan for employees whose seniority was equivalent to his own.

Case law news: focus on the application of the redeployment plan in the event of a notice of unfitness for work
Soc. 12 juin 2024, n°22-18.138 F-D

An employee who has been declared “unfit for any position in the company” and whose unfitness notice states “immediate danger, any continuation in the company would be detrimental to her state of health”, following an accident at work, does not commit an abusive refusal by opposing three outplacement positions proposed by the employer.

As a result, the dismissal for refusing to reclassify the employee is deemed to be without real and serious cause.

Case law news: focus on the calculation of the trial period
Soc. 19 mai 2024, n°23-10.783 FS-B, S. c/ Sté Euromed cardio

The duration of fixed-term contracts is deducted from any trial period provided for in a permanent contract, regardless of whether the fixed-term contracts were spaced out over short periods.

Case law news: focus on proof of an accident at work
Soc. 06 mai 2024, n°22-11.736

Proof by means of a recording made without the employer’s knowledge is valid where it is essential to the exercise of the employee’s right to have the occupational nature of the accident recognized, having resulted from an altercation with the employer.