Recent case law | Dismissal during the suspension of the contract due to work-related accident
Published on :
25/04/2019
25
April
Apr
04
2019
According to the labor code, during the time of the absence due to an industrial accident or professional disease, the employment contract may be terminated by the employer only in case of gross misconduct or in case they prove that it is impossible to maintain the employment contract for a reason that is unrelated to the accident or the disease.
Case law adopts a restrictive approach of what constitutes gross misconduct.
It rules that only a breach of the loyalty duty by the employee may characterize gross misconduct.
In the case at hand, the employee was a professional sportsman, who had refused during his sick leave, to follow the medical protocol with the team’s medical staff to prepare his return in good shape.
He alleged that this could not be held against him as he was released from any duty to work during his sick leave.
The court ruled that given the particularities of his job he was obliged to submit himself to the protocol needed to restore his ability, and that failing to collaborate (even during his sick leave) characterized a breach of his loyalty duty and a gross misconduct allowing the employer to terminate his contract.
History
-
Looking forward | Bill for workers on digital platforms
Published on : 29/07/2019 29 July Jul 07 2019NewsNewsletter / Looking FowardA look at what’s to come in labor and business law A bill currently under...
-
Recent case law | Challenges to the Mandatory Indemnity Scale for Unfair Dismissals
Published on : 29/07/2019 29 July Jul 07 2019NewsNewsletter / Recent Case LawOne of the Macron ordinances of September 2017 set up a compensation scheme i...
-
New Legislation | In brief: The government announces its plans for the second half of its term
Published on : 29/07/2019 29 July Jul 07 2019NewsNewsletter / New legislationDoing business in France requires keeping up to speed with the quickly evolvi...
-
Do’s & Don’ts | This month: Working time
Published on : 29/07/2019 29 July Jul 07 2019Newsletter / Do’s and Dont’sFrench law provides for a standard legal working time of 35 hours per week. T...
-
Colombian Employment Law Boutique López & Asociados joins L&E Global
Published on : 02/07/2019 02 July Jul 07 2019L&E GlobalL&E Global is proud to announce its expansion in South America with the addit...Source : leglobal.org
-
Looking forward | What a No-Deal Brexit means for the British nationals in France
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Looking FowardAround 150,000 British nationals reside in France. 50% of them work, and 28%...
-
Recent case law | Equal treatment and company collective agreements
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Recent Case LawOn April 3, 2019 the French Supreme court (Cour de cassation) put a halt on i...
-
Recent case law | Use of Geolocation tools to monitor working time
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Recent Case LawIt happens quite often that companies put in place a geolocation system to mo...
-
Recent case law | Dismissal during the suspension of the contract due to work-related accident
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Recent Case LawAccording to the labor code, during the time of the absence due to an industr...
-
New Legislation | In brief: Directive on Posted Workers (Secondment)
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / New legislationThe government has transposed the directive of 28 June 2018 on posted workers...