Recent case law | Dismissal during the suspension of the contract due to work-related accident
Publié le :
25/04/2019
25
avril
avr.
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.
Historique
-
"Avocat en entreprise : création d'un groupe de travail à Paris 3" Mention de Joël Grangé.
Publié le : 29/04/2019 29 avril avr. 04 2019Dans les médiasLe conseil de l'ordre du barreau de Paris a mis en place un groupe de travail...
-
"Alerte professionnelle : la loi Sapin II face au droit européen et au droit du travail" co-écrit par Stéphanie Dumas et Marion Le Roy
Publié le : 26/04/2019 26 avril avr. 04 2019Dans les médiasProcédure d'alerte interne, protection des personnles, des lanceurs d'alerte...
-
Looking forward | What a No-Deal Brexit means for the British nationals in France
Publié le : 25/04/2019 25 avril avr. 04 2019NewsAround 150,000 British nationals reside in France. 50% of them work, and 28%...
-
Recent case law | Equal treatment and company collective agreements
Publié le : 25/04/2019 25 avril avr. 04 2019NewsOn 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
Publié le : 25/04/2019 25 avril avr. 04 2019NewsIt 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
Publié le : 25/04/2019 25 avril avr. 04 2019NewsAccording to the labor code, during the time of the absence due to an industr...