Dismissed because “not fun enough”, an employee wins his case


The Court of Cassation partially canceled the dismissal of an employee which occurred due to his lack of adherence to company policy, according to “BFMTV”.





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Un judgment that could be landmark. On November 9, the Court of Cassation partially invalidated a dismissal following “critical behavior by the employee and his refusal to accept the company’s policy based on incitement to various excesses” such as alcoholism excessive during aperitifs after work, relays BFMTV.

The case began in 2011 when an employee was hired by the company Cubik Partners, for the position of senior consultant before being promoted to director in 2014. He was dismissed a year later for “professional inadequacy” but also for not to participate in the company’s “fun & pro” policy. After having seized the prud’hommes, the ex-employee sees the case referred to the Court of Appeal before an appeal in cassation on the part of the two parties.

“Humiliating practices”

To challenge his dismissal, the employee considered that his “critical behavior and his refusal to accept the company’s policy based on incitement to various excesses” led the company to separate from him. According to the magistrates, “the dismissal [est] occurred because of the exercise by the employee of his freedom of expression; that the Court of Appeal found that Mr. T. could not be blamed for his lack of integration of the “fun & pro” value of the company”. A policy put forward by the company through the need to participate “in seminars and weekend get-togethers frequently generating excessive alcohol consumption encouraged by the associates, who made available very large quantities of alcohol, and by practices advocated by the associates linking promiscuity, bullying and incitement to various excesses and excesses”.

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In addition, the dismissal took place “in violation of the fundamental right of the employee to dignity and respect for his private life, according to the judgment. The magistrates also denounced the “fun and pro” culture in force in the company, characterized by “humiliating and intrusive practices in private life such as simulacra of sexual acts, the obligation to share one’s bed with another collaborator during seminars, the use of nicknames to refer to people and the display in offices of distorted and made-up photos”. Thus, the Court of Cassation canceled part of the dismissal and ordered the employer to pay the employee the sum of 3,000 euros.


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