Fired for refusing to participate in company aperitifs, he received 496,200 euros in compensation and was reinstated.
An employee who was fired in 2015 for refusing to partake in company aperitifs, and after a lengthy legal battle, has just won his reinstatement and a compensation payment of 496,200 euros. The decision was handed down on Tuesday 30 January by the Paris Court of Appeal.
Almost 9 years after his dismissal, “Mr. T”who filed a complaint against his employer who fired him for noncompliance with “ Fun and pro value » The company has just won its case after a long legal battle. The origin of the story dates back to 2011. According to BFM, which disclosed the conflict in November 2022, the employee was hired by the company. Cubic Partners As Senior Advisor before being promoted to Director in 2014.
In 2015, he was fired for refusing to participate in the company Aperitifs, which was appointed “Happy Moments” By company and qualified “Incitement to Various Excesses” by defense. In accordance with the specific conditions specified in the administrative document, the dismissal is motivated “Professional imperfections and especially his refusal to adhere to the pleasure and professional value of the company”, informed the source. After the Industrial Court then reported their decision, the case came to the Court of Appeal, whose judgment would be the subject of an appeal in cassation.
“Mr. T” Then condemns unfair dismissal ” His refusal to accept company policy based on critical behavior and incitement to various excesses”, mentioned in that judgment. In this ruling dated November 2022, the source mentions, “The magistrate in fact believed that the dismissal (came) because of the employee’s exercise of freedom of expression. The Court of Appeal found that MT could not be criticized for its lack of integration of the company’s “fun and pro” values..
A value that translates, according to the Court, “Excessive alcohol consumption was often encouraged by required participation in seminars and weekend drinks by associates who made very large amounts of alcohol available, and advocated by associates by practices linking promiscuity, bullying, and provocation to various excesses and slippages.” was ».
Culture Fun and professional of the Company condemned by the Magistrate
Magistrate, quoted by Western Franceas well as blasphemy “The fun and pro-culture prevailing in the company (was) characterized by abusive and intrusive practices in personal life, such as simulacra of sexual acts, the obligation to share a bed with another employee during seminars, the use of nicknames to designate. Exhibition of defaced and disguised photographs in public and offices.”
On Tuesday January 30, the plaintiff finally won his case after nearly 9 years of legal battle. The Paris Court of Appeal ordered his reinstatement as well as the payment of 496,200 euros in compensation. In the event of another referral for cassation by the company the case may, equally, be rebound.
