The Court of Cassation considers that dismissal for gross misconduct is without cause real and serious as the disputed remarks had been circulated to a small circle (14 people) and they had a private character.

The Court of cassation states that "after having found that the disputed remarks had been broadcast on the account opened by the employee on the Facebook network and that they had been accessible only to people approved by the latter and few, namely a closed group of 14 people, so that they were part of a conversation of a private nature, the Court of Appeal was able to hold that these remarks did not characterize a gross misconduct "; "That exercising the power it has under Article L. 1235-1 of the Labour Code, it decided that the grievance did not constitute a real and serious cause for dismissal".

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Frédéric CHHUM, Avocats à la Cour (Paris et Nantes)

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