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ARTICLE · 06 SEPTEMBER 2024

Gross Misconduct : Does An Employee's Exemplary Career Mitigate His Misconduct?

This was the solution adopted by the Labour Division of the French Supreme Court in the case of an employee who had worked for a company for more than 22 years...

FranceEmployment and HR

This was the solution adopted by the Labour Division of the French Supreme Court in the case of an employee who had worked for a company for more than 22 years, during which time she had always given her employer satisfaction.

This employee, who was initially hired in 1996 as a secretary, had even been promoted to marketing assistant in 2010.
Despite her previously impeccable career record, the employee was notified of her dismissal for gross misconduct on 2 May 2018, a dismissal that she contested by bringing an action before the industrial tribunal, seeking to have it requalified as a dismissal without real and serious cause.

Dismissed by the Paris Court of Appeal, the employee appealed to the French Supreme Court, arguing in particular that, as she was highly regarded by her superiors for the quality of her work and her relations with her superiors and colleagues, and had never been the subject of the slightest reproach in her twenty-two-year career, she

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