The Court of Cassation's decision of February 26th, 2025 (No. 23-15.072) provides essential clarification regarding the impact of a dismissal without real and serious cause on the acquisition of bonus shares.
Indeed, the Court of Cassation partially overturned a decision of the Douai Court of Appeal, which had recognized the right of an unfairly dismissed employee to the allocation of bonus shares. This recognition was based on the fact that the seniority requirement, required for the acquisition of shares, had become impossible to meet due to the dismissal. However, the High Court reiterates that when an employee is dismissed before the end of the vesting period, they cannot under any circumstances claim the definitive allocation of shares or claim shareholder status.
However, they may, under certain conditions, be compensated for the loss of opportunity to acquire these shares.
Thus, this decision is in line with established case law that clearly distinguishes between real and certain damages and simple loss of opportunity, thus providing legal certainty for employers while guaranteeing fair compensation for the employees concerned.
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Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
CHHUM AVOCATS (Paris, Nantes, Lille)
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