Specific consultation in the event of restructuring: no obligation to consult the works council upstream on strategic orientations. Payment of an annual bonus provided for by collective agreements provisions: strict assessment of the condition of presence by the Court of Cassation. Risk of nullity of the dismissal: to limit the condemnation, the employer must ask the judge to examine the other grounds for dismissal that are invoked.
Specific consultation in the event of restructuring: no obligation to consult the Social and Economic Committee upstream on strategic orientations
In a decision dated September 21, 2022 (n20-23.660), the French Supreme Court settles the question of the articulation of the consultation of the Social and Economic Committee (SEC) on a specific project with the recurrent consultation on the strategic orientations.
In this case, a Catholic Education Management Organization ("OGEC") had informed its SEC of a project to close a high school. The SEC was also to be consulted, a few days later, on the strategic orientations. However, the SEC contested this timing and lodged a claim in courts. According to the SEC, the consultation on the proposed closure of the high school should have been preceded by the consultation on the strategic orientations. The Tribunal, and then the Court of Appeal of Paris, agreed. The consultation on the closure project was suspended until the consultation on the strategic orientations was completed.
However, the French...
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