In 2016, a business manager was fired for emitting smelly gases. The employee, considering that his dismissal was not justified, seized the industrial tribunal, which confirmed the company’s decision.
The facts date back to 2016: a commercial director of a materials brand in Île-de-France was called to an interview prior to dismissal. The company explains to him the facts held against him. He is criticized for professional behavior “incompatible with the performance of his duties” and to have testified to a “total lack of decorum, social behavior and especially hygiene“. Regarding this last element, the employer specifies that he had left the women’s toilets in a lamentable state, to the point “to disgust” the housekeeper. He had also made disparaging remarks towards one of his colleagues, slipping to him, for example, that he had “taken from the belly“Icing on the cake, the employee would have emitted smelly gases by throwing to his colleagues: “You had to get out of the office, so massive weapon mandatory. “
Other derogatory statements made by the commercial manager were highlighted, such as “the box won’t pay you overtime, you’re just a puppet“, as well as frequent delays. The employer therefore felt entitled to dismiss the worker, who for his part seized the industrial tribunal of Paris, because he found his dismissal devoid of “real and serious causeHe also accused the company of failing in its duty to protect his safety and to protect his physical and mental health, claiming that certain conflicts within the company had led him to have a depression.
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Fired for “disrespectful behavior”
On March 9, 2020, the first judges dismissed the employee, giving reason to the company. After the officer appealed, the court stated the followingaccording to an article published in Le Figaro of February 15, 2023: the poor condition of the women’s toilets could not be attributed to him “because the doubt should benefit the employee“. The company did not fail in its safety obligation either, because the link between depression and working conditions could not be established. Finally, the justice considered that the “inappropriate comments” and the “disrespectful behavior“were valid reasons for dismissal.