In a judgment of March 23rd, 2022 (No. RG F 19/11437), a Reporting Solution manager of RE:SOURCES France obtains the judicial termination of his employment contract with the effects of a null dismissal for several breaches by the employer .
The Paris Court of Appeal deems an agreement for fixed days to be unlawful, stating that the collective agreement, which does not provide for an annual interview, did not meet the legal requirements, so that the agreement is void.
The Court also granted the manager's claims for moral harassment and a breach of the safety obligation, considering that the workload suffered by the employee in a context of international collaboration and sarcasm from his superior hierarchy had deteriorated his state of health.
Finally, his employer had launched a joint investigation with the CHSCT only belatedly and had taken no measures to prevent the reiteration of the facts. The company appealed in cassation against the judgment of the Court of Appeal.
On March 23rd, 2022, the Paris Court of Appeal, by contradictory judgment:
- Overturns the judgment entered into except insofar as it rejected the claim for damages for compensatory rest and the claim for damages for concealed work;
- Confirmed by these leaders,
- Ruling again,
- Judges that the day pass agreement is void;
- Pronounces the judicial termination of the employment contract of Mr. B at the fault of the company RE:SOURCES France with effect from August 27, 2018;
- Says that the judicial termination of the employment contract produces the effects of a void dismissal;
- Orders RE:SOURCES FRANCE to pay Mr. B the sums of:
o €24,169.50 for overtime;
o €2,416.95 for related paid leave;
o 3,000 euros in damages for non-compliance with the maximum daily working time;
o 3,000 euros in damages for non-compliance with the maximum weekly working time;
o 3,000 euros in damages for failure to respect the right to daily and weekly rest;
o 5,000 euros in damages for moral harassment;
o 3,000 euros in damages for breach of the security obligation;
o €18,700.02 for compensation in lieu of notice;
o 1,870 euros for related paid leave;
o 55,000 euros as compensation for null dismissal;
- Holds that the wage claims will bear interest at the legal rate from September 5, 2018 and the indemnity claims will produce interest at the legal rate from the delivery of this judgment;
- Condemns the company RE:SOURCES FRANCE to provide Mr. B with an amended pay slip, a certificate intended for Pôle emploi and a work certificate in accordance with this judgment
- Rejects the request for a penalty payment;
- Orders RE:SOURCES FRANCE to pay Mr. B the sum of 3,000 euros on the basis of Article 700 of the Code of Civil Procedure;
- Orders RE:SOURCES FRANCE to pay the costs of the first instance and appeal.
In total, Mr B obtains the sum of 122,156.47 euros gross.
To read all the article, please click on the link below
Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
CHHUM AVOCATS (Paris, Nantes, Lille)
e-mail: chhum@chhum-avocats.com
https://www.instagram.com/fredericchhum/?hl=fr
.Paris: 34 rue Petrelle 75009 Paris tel: 0142560300
.Nantes: 41, Quai de la Fosse 44000 Nantes tel: 0228442644
.Lille: : 45, Rue Saint Etienne 59000 Lille – Ligne directe +(33) 03.20.57.53.24
Pas de contribution, soyez le premier