Discipline: Serious misconduct
Serious misconduct is so important that the employee cannot stay in the company even for the duration of his notice.
The severity of the error is estimated on a case-by-case basis.
Depending on the circumstances or individuals, the same misconduct can be considered a simple mistake or a serious mistake.
If you are considering dismissing an employee for serious misconduct, you need to act quickly. Since verification is not required, judges should intervene within a specified period of time after you are aware of the alleged facts.
Discipline: Is dismissal mandatory if dismissed for gross misconduct?
Temporary dismissal, disciplinary action makes it possible to immediately terminate the pending employment contract. As a reminder, conservatory dismissal is not as permissible as regulatory dismissal.
Conservatory layoff is a temporary measure that allows the employee to be fired and deal with risky or disruptive situations.
Yes, Even if you do not temporarily dismiss an offending employee, you can still dismiss an employee for serious misconduct.
According to the Cassation Court, even if the serious offense fails to maintain the employee, the employer does not have to carry out precautionary dismissal before initiating disciplinary action. Thus, if the employee’s conduct has the potential to impede the continuation of the employment contract, it is reasonable to dismiss for gross misconduct.
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Summoned for preliminary interview with a view to dismissal for gross misconduct with interim dismissal
Core de Cassation, Social Chamber, February 9, 2022, n ° 20-17.140 (employer does not have to carry out security dismissal before initiating disciplinary action)
Isabella Veenusat
Lawyer in Social Law and author of Tissot editions
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