Can an employer dismiss an employee for a single
wrongful act? And if so, does this wrongful act make the employee
liable for damages caused to the employer?
The Luxembourg Court of Appeal answered these questions in a
recent case. In this case, an employee caused an accident while
moving a 15-tonne forklift tractor to retrieve his 3-tonne
forklift. The employee had neither the training nor the
authorisation to drive the larger forklift. Following the accident,
the employer dismissed the employee with immediate effect.
The employment tribunal ruled that the dismissal was unfair,
noting that the employee had six years' seniority and had never
received a warning. The employer then appealed, insisting that it
had an obligation to ensure the health and safety of its employees
in the workplace. According to the employer, a single incident can
justify immediate dismissal if it is serious. In this case, it
pointed to the manoeuvring risks associated with such
