201609.28
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DISMISSAL FOR SERIOUS MISCONDUCT

The dismissal takes many forms including the termination of the contract for misconduct, or more specifically dismissal for personal conduct of the employee. The dismissal highlights the disciplinary power of the employer against the individual behavior of the employee. In such cases, the employer must be careful to properly qualify the nature of the employee’s…

201609.20
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Possibility for a shareholder to testify in court

Under Article 405 of the NCPC, anyone except for people who are incapacitated to testify, can be heard as witnesses. Since Witness C holds only a quarter of the shares of the Company, he is not the one true owner of the company with which otherwise he would merge with and therefore is not, as…

201609.13
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Moral Harassment and Management Liability

It was correctly pointed out by the first judges, that the commitment to ensure the employees’ normal working conditions, arises from the obligation of the employer to fulfill in good faith the employment contract, as the sole holder of the executive power and organization of the company, to take all necessary measures to prevent or…

201603.21
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Notification of the reasons for the termination to an old address

Article L.124-5 of the Labor Code obliges the employer to provide within one month, the reasons for dismissal to the employee by registered letter. If the employer doesn’t respect this time limit, then the dismissal will be declared unfair. It goes without saying that such communication is devoid of any legal effect if it was…

201602.27
0

Occupational Disease – Sickness linked to the professional activity

The court considers that a continued absence of six months in a working 12-month period, extended seamlessly into the new year for a new period of six weeks, seriously disrupts the organization of a company, especially in this particular case, since the absences were initially of a duration of two weeks and the employer was…