Fired because he refused to partake in his company’s aperitifs, he received €500,000 in compensation.
“It is a really extraordinary and very important decision” In this case, the plaintiff’s lawyer does not hide his satisfaction. “We obtain the nullity of the dismissal, the reinstatement of the employee and the order to pay compensation of 496,000 euros”. The case went through a long legal process: industrial tribunal, appeal, cassation. Epilogue, Tuesday January 30, 2024: Complete victory, justice considers the dismissal of this abusive director. It must be said that the inspiration was baroque to say the least…
An employer exhibits a “cultural misalignment” of its employee
Officially, the employee was fired in 2015 – a year after being promoted to director – for “Professional Incompetence”. The reason is understandable but in this case, it was based on a more subjective notion: “It was criticized for not living up to the ‘fun and pro’ values advocated in the company”Summary – on BFMTV – Maître Olivier Bongrand, plaintiff’s lawyer.
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So the director wasn’t considered “fun” enough… his mistakes? Refuse, among other things, to participate in Friday evening aperitifs and critique the annual seminar during which “Some employees had to share a single room”. A condition which would therefore be detrimental to him, his employer accuses him of “Cultural Misalignment”.
Icy weather for a return to the office?
“We must beware of this managerial excess, the employee retains his free will and his way of life”Maître Bongrand concluded.
After years of action, therefore the employee has to be reinstated. It remains to be seen how he will be received after this impasse with his management. Not at all sure he deserves a welcome drink.
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