30 January 2023 | Matthieu Blaschczyk

Dismissals on economic grounds: Be careful when establishing and applying the criteria to determine the order of dismissals

In two rulings handed down on January 18, 2023, the Cour de Cassation (French Supreme Court) recalled that while the judge cannot substitute him/herself for the employer in establishing and applying the criteria to determine the order of dismissals (i.e. the order in which employee(s) will be dismissed) in the context of a dismissal on economic grounds, in case of dispute on the application of said criteria, the employer must disclose to the judge the objective elements on which it relied in order to make its choice.

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29 November 2022 | Matthieu Blaschczyk

The specific compensation due to an employee in case of void dismissal can be reduced by the judge only if the employer expressly so requests

Wherever a dismissal is declared null and void because it is based on a prohibited or unlawful ground, the judge is required to examine the other grounds for dismissal, if any, that have been raised in order to determine the amount of the specific compensation to be awarded to the employee… But only if he/she is expressly asked to do so by the employer.

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25 August 2022 | Matthieu Blaschczyk

The unlawfulness of a ground for dismissal “contaminates” the other grounds for dismissal

In case of unsubstantiated abuse of a fundamental freedom relied upon to justify the dismissal of an employee, the dismissal is void even if other grounds could justify the termination of the employment contract.

In a decision issued on June 29, 2022, the Cour de Cassation (French Supreme Court) applied for the first time the principle of “contaminating ground for dismissal” in the context of the use of freedom of expression.

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23 February 2022 | Laure Marolleau

The Tribunal Judiciaire of Paris has sole jurisdiction to hear duty of vigilance lawsuits

Parent companies and large companies acting as principals may be held liable in the event of a breach of their duty of vigilance.

This duty of vigilance takes into account inter alia the risks of environmental damage associated with the operations of these companies, as well as those of their subsidiaries, subcontractors or suppliers.

The debate as to which court is competent to assess a vigilance plan has just been definitively settled: The Paris Judicial Court (Tribunal Judiciaire de Paris) has exclusive jurisdiction to hear disputes over the duty of vigilance.

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26 November 2021 | Fabien Pomart

Part-time employees: The distribution of working hours must be set forth in the employment contract

The employment contract of a part-time employee must fix the weekly or monthly distribution of working hours, failing which the part-time contract is to be reclassified as a full-time one.

In a decision dated November 17, 2021, the Cour de Cassation (French Supreme Court) strictly applied the provisions of Article L.3123-6 of the French Labor Code that lists the mandatory information to be included in a part-time employment contract.

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