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Applications to courts for termination of an employment contract followed by dismissal

March 2008 - Employment. Legal Developments by Bersay & Associés .

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In a decision dated 15 May 2007, the French Court of Cassation ruled that
when an employee requests the termination of this or her employment contract due to acts which he or she accuses his or her employer of having carried out, while continuing to work for the employer, and the latter then dismisses him or her, a judge must determine whether the request was justified; if so, the judge shall deem that the termination date was the date on which the dismissal letter was sent
(French Court of Cassation (Labour and Employment Law Chamber) ruling, 15 May 2007, no. 04-43.663).

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