This newsletter summarises five significant judicial decisions over recent months:
During an annual performance evaluation, an employer criticized an employee for certain misconduct in the performance of his duties. These criticisms were included in the written report of the evaluation, which was given to the employee. Shortly afterwards, the employee was dismissed because of that same misconduct.
The employee disputed his dismissal. He contended, and the lower court agreed, that the evaluation report constituted a disciplinary warning and that his behavior could not be disciplined a second time by dismissal.
The employer appealed to the French Supreme Court. It argued that the evaluation report could not constitute a disciplinary measure, since it did not express an intention to punish the alleged misconduct.
The French Supreme Court rejected the employer’s argument and affirmed the Court of Appeals’ holding that the evaluation report constituted a disciplinary warning, since it criticized the employee for his behavior and asked that he completely change his attitude. Therefore the dismissal was unfair.
An employee who worked under a total annual days package worked for more days than stipulated in the agreement, and his employer paid him at...
A hotel on one the A127 has issued a statement after what it described as "false and misleading" claims were shared on social media. The Palms Hotel, on Southend Arterial Road (A127) in Hornchurch...