The decision of the Rennes Court of Appeal is final.
In its decision of January 8th, 2025, the Rennes Court of Appeal:
States that Mr. X's recognition of the termination of his employment contract results in a null and void dismissal;
Orders Association Z to pay Mr. X the following amounts:
> €4,000 in damages for the moral harassment suffered;
> €2,000 in damages for the employer's failure to fulfill its safety obligation; > €15,096.96 gross in compensatory notice pay, plus €1,509.69 gross in related paid leave;
> €37,285.01 net in contractual severance pay;
> €30,000 net in compensation for invalid dismissal;
> €113,227.20 in compensation for violation of protected status;
> €3,000 under Article 700 of the Code of Civil Procedure for irrecoverable costs incurred at first instance and on appeal.
The judgment of the Rennes Court of Appeal is final.
1) Statement of the dispute:
Association Z is an association under the 1901 law whose purpose is to support people with disabilities and employs more than 50 employees. Its head office is located in W.
Mr. X was hired on April 4, 2011, by Association Z as Head of the Educational Department at Institute Y, whose purpose is to welcome young people, under a fixed-term employment contract.
On August 1, 2011, he was hired under a permanent employment contract. The applicable national collective bargaining agreement is the collective bargaining agreement for establishments and services for maladjusted and disabled people of March 15, 1966.
By amendment to his employment contract dated September 1, 2015, Mr. X was promoted to Deputy Director of Y. He most recently held this position for an average gross monthly salary of €3,774.
From 2012 to 2015, Mr. X was elected staff representative.
On April 1st, 2018, a new director, Mr. G. (previously Deputy Director of the association's W), was hired at Y, replacing Mr. M., who had retired.
By amendment of August 1, 2018, Mr. X's three weekly on-call duties were eliminated.
On June 24, 2019, Mr. X was elected to the CSE (management committee).
On October 18, 2019, a preliminary interview was held, prior to possible disciplinary action, during which Mr. X contested all of the grievances against him. No action was taken against him.
On December 9, 2019, a preparatory interview was held, prior to a possible mutual termination of the employment contract, an offer that Mr. X refused on December 18. On January 16, 2020, a preliminary interview was held regarding a possible dismissal, which was not issued.
On January 20, 2020, following a meeting organized by Mr. V, Mr. X was placed on sick leave. He reported a work-related accident, about which the employer expressed reservations. He has not returned to work since.
On April 15, 2020, following an investigation, the CPAM (Health Insurance Fund) took over the January 20, 2020 accident under professional legislation.
On April 22, 2020, after sending two letters to his employer, Mr. X, believing himself to be a victim of moral harassment, filed a request with the Saint-Nazaire industrial tribunal for judicial termination of his employment contract on the grounds of the employer's fault. He asked the industrial tribunal, in particular, to:
- order the judicial termination of his employment contract, the exclusive fault of Association Z ();
- rule that the judicial termination of his employment contract must be considered a null and void dismissal;
- award Z a formal notice of payment to Mr. X of €2,694.80 gross in back pay for overtime for 2019; - order Z to pay Mr. X the following amounts:
> €22,645.44 net in damages for moral harassment;
> €7,548.48 net in damages for breach of the obligation to prevent the mental health of workers; > €269.48 gross in paid leave for overtime paid by Z for 2019 in the context of these proceedings;
> €22,645.44 net in compensation for concealing salaried employment (Art. L.8223-1 of the French Labor Code);
> €15,096.96 gross in compensatory notice pay;
> €1,509.69 gross in related paid leave;
> €33,289.29 net in contractual severance pay;
> €45,280.88 net in compensation for invalid dismissal;
> €113,227.20 net in compensation for violation of protected status; > €3,000.00 net under Article 700 of the French Code of Civil Procedure.
On May 15, 2021, after the hearing before the industrial tribunal on March 30, 2021, and before the decision was handed down on June 29, 2021, Mr. X acknowledged the termination of his employment contract, requesting that it be treated as invalid dismissal. He requested that the hearing be reopened; the industrial tribunal declined. &&&&&
By judgment dated June 29, 2021, the Saint-Nazaire Labor Court:
- Awarded notice to Association Z of the sum of €2,694.80 gross paid to Mr. C as overtime pay for 2019;
- Dismissed Mr. X's request for judicial termination of the employment contract and all subsequent claims;
- Ordered Mr. X to pay costs;
- Dismissed Association Z's claim under Article 700.
Mr. X appealed on July 12, 2021.
To read the full brief, click on the link below.
https://www.legavox.fr/blog/frederic-chhum-avocats/salarie-protege-prise-acte-directeur-37490.htm
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