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
-
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...
-
When a settlement agreement is drafted in general terms, its scope is not limited to the sole original point of contention. The employee may not claim at a later stage for indemnification of potential rights.
Published on : 18/03/2019 18 March Mar 03 2019NewsNewsletter / Recent Case LawSometimes, upon the termination of the contract, the employer and the employe...
-
Recent Case Law | Macron dismissal indemnity grid is not valid, according to certain French labour courts
Published on : 21/01/2019 21 January Jan 01 2019NewsNewsletter / Recent Case LawA few French courts have considered that the Marcon dismissal indemnity grid...
-
Recent case law | Delivery messengers, couriers…employees? The Supreme Court says yes !
Published on : 09/01/2019 09 January Jan 01 2019NewsNewsletter / Recent Case LawThe French Supreme Court recently handed down a very important decision for t...
-
Successions of fixed-term contracts : be cautious of the waiting period between each contract
Published on : 04/12/2018 04 December Dec 12 2018NewsNewsletter / Recent Case LawUnder penalty of re-characterization of the fixed-term contract (CDD) as an i...
-
Recent case law | Non-Compete Clauses in Groups: A surprising decision from the Supreme Court
Published on : 19/10/2018 19 October Oct 10 2018Newsletter / Recent Case LawA recent ruling from the French supreme court has brought some clarification...
-
The principle of equality does not prevent employers from giving a 13th month bonus exclusively to executives
Published on : 15/10/2018 15 October Oct 10 2018NewsNewsletter / Recent Case LawCompany agreements may provide that special benefits are reserved for certain...