The decision of the Court of Cassation of 6 November 2024 (no. 23-14.706) published in the bulletin is part of a consistent case law aimed at the reinforced legal protection of pregnant employees against unlawful dismissals.
For the first time to our knowledge, it enshrines the right to full compensation for the damages suffered, combining compensation for nullity of the dismissal and salaries covering the protected period.
By relying on national and European provisions, this decision marks a further step in the effectiveness of employees' rights and the fight against discrimination linked to pregnancy, while recalling the dissuasive scope of this legal framework.
This decision must be approved. Analysis
The decision illustrates the articulation between national law and European law in the protection of pregnant employees.
The Court of Cassation relies on the case law of the CJEU (in particular case C-407/14) as well as on European directives (92/85/EEC and 2006/54/EC) to ensure the principle of equal treatment by guaranteeing full, proportionate and dissuasive compensation in the event of discriminatory dismissal.
From these principles, it draws financial consequences for the employer who must fully compensate the damage suffered by the employee either by reinstatement or by adequate compensation.
With regard in particular to mandatory compensation, the Court of Cassation states that the employee is entitled to statutory or contractual severance pay, and compensation of at least six months' salary, covering the damage resulting from the nullity of the dismissal.
This compensation, distinct from traditional damages, must have a dissuasive effect against discriminatory dismissals pursuant to Article 18 of Directive 2006/54/EC.
Finally, the wages owed are those that cover the entire period protected by the nullity, including the related paid leave, regardless of the request for reinstatement.
This provision aims to guarantee full compensation for the economic consequences of the nullity dismissal.
This accumulation thus reinforces the effectiveness of the protective status of pregnant employees against direct discrimination based on sex, since dismissal based on such grounds can only concern women.
Ultimately, this decision reaffirms the objective of enhanced protection of employees against discrimination based on pregnancy, by aligning national law with European principles.
It also reminds employers that dismissal based on discriminatory grounds exposes them to significant financial penalties and emphasizes the importance of respectful management of employee rights.
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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)
e-mail: chhum@chhum-avocats.com
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