Dismissal of an employee holding an external mandate: the employer must seek authorization from the Labor Inspectorate only if he is aware of this mandate at the latest during the preliminary interview.
Cass.soc. Novembre 27,2024, n°22-21.693
Employees holding mandates outside the company (in this case, the employee was an employee advisor) can only avail themselves of the protection attached to their mandate if they have informed their employer of this at the latest at the pre-dismissal meeting or at any other meeting provided for by the applicable collective bargaining agreement.
Disparaging messages about the employer, sent from a work-related cell phone, may justify disciplinary dismissal
Cass.soc.December 11,2024, n°23-20.716
The French Supreme Court ruled that disparaging and insulting messages concerning the company’s Managing Director, sent via a business telephone, constituted an abuse of freedom of expression, regardless of the restricted nature of the dissemination of these messages, and therefore justified dismissal for misconduct.
Defamatory comments made by an employee on a social network may justify disciplinary dismissal
CA Douai, May 31,2024, n°22/01378
A message posted by an employee on LinkedIn containing defamatory, excessive and offensive remarks about his employer may justify disciplinary dismissal. In this case, the Court of Appeal considered that the message was accessible to LinkedIn members in the professional world and could be shared ad infinitum, so that it fell within the public sphere and not private life, and thus characterized an abuse of freedom of expression and a breach by the employee of his duty of loyalty.
Teleworking: an accident during the lunch break may constitute a work-related accident
CA Amiens, September 2,2024, n°23/00964
The fact that an employee falls down the stairs to go to lunch at her home while teleworking is considered a work-related accident, since the accident occurred at the place where the telework is carried out, and the lunch break constituted a short interruption, equivalent to working time, and there was no personal reason for the employee to interrupt her professional activity.
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