To dismiss an employee, you must justify the real and serious reason for the dismissal. This may be based on economic or personal reasons. You should also follow the dismissal procedure, which may vary depending on the reason given.
If you are fired for personal reasons, you must notify the employee of your decision by a registered letter of approval with a receipt. However the use of another process is possible (e.g. letter delivered by hand or by simple letter). But the date of dismissal, as its existence, may be later denied. You cannot conclude a transaction with your employee to resolve a dispute by avoiding legal action.
This letter should include a statement of the reason (s) for the dismissal. Otherwise, the dismissal is unfair.
You may sometimes have multiple personal reasons for dismissal that are related to individual facts (e.g. misconduct and professional inadequacy in performing duties). In this case, you are not obligated to mention one of the dismissal letters. However, you must follow a specific procedure for each reason.
In the event of a dismissal dispute, and in the absence of a compromise between you and your employee, the judge will evaluate the routine nature of the procedure followed and the true and serious nature of the reasons. The letter setting the reason for the decision therefore sets the limits of the controversy. Thus you cannot state before the Labor Court the reasons not mentioned in the dismissal letter.
To find out more about the reasons for being personally fired, we recommend looking at our documentation. ” Manage ACTIV staff .. Which includes many Lumio interactive procedures To guide you in your dismissals for personal reasons. You can download our document, which lists frequent reasons for personal dismissal, indicating the seriousness of the mistakes made by those of a decent nature.
However, some of the reasons given justify dismissal, while others may be considered non-existent by judges. How will they assess whether the dismissal is fair or not? The Cassation Court recently answered this question.
In a case filed in the Cassation Court, an employee was fired for professional incompetence and gross misconduct. And challenged his removal.
The Court of Appeal declared his dismissal unreasonable. Because she felt that serious wrongdoing had not been proven. But at the same time she felt that professional incompetence had been established.
The company challenged this decision. And the Court of Cassation sided with him. This ensures that the employer can state in the dismissal letters the different reasons for the employee’s implicit dismissal, until they arise from different facts. However, the rules that apply to each reason for dismissal are respected.
Therefore, if one of the reasons such as professional inadequacy is established in this case, it may justify dismissal. Therefore, the Court of Appeal should have considered whether the professional defect could create a serious cause for dismissal.
Cour de cassation, social chamber, April 21, 2022, n ° 20-14.408 (When an employer gives various reasons for dismissal of an employee, his dismissal can be justified only by one of these reasons)
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