Since the global pandemic, many workers have decided to live in a more serene place by taking advantage of teleworking. This is the choice made by this employee a few years before. But he was fired for moving to Brittany, while his company’s headquarters are in the Paris region, Le Parisien reported.
In 2018, with the birth of his twins, this manager made the choice to move to Morbihan (Brittany), even if it meant making journeys of 3h30 by train or 4h30 by car to get to his office in Carrières-sur-Seine ( Yvelines) when necessary.
On hearing this news a few months later, his employer asked him to return to the region. And faced with the refusal of his employee, he dismissed him for misconduct in 2019, supported by the industrial tribunal of Saint-Germain-en-Laye in 2020.
Not a delay nor an absence
For the manager, this is an unfair decision since he is often on the move and “spent less than 17% of his time at headquarters”. He also affirms “that he was never late and he assumed all the costs incurred by his installation in Brittany”. However, on March 10, the Versailles Court of Appeal confirmed his dismissal.
His employer highlighted the risks of excessive fatigue, pleading for the safety of his employee. The defense relied on article L.412-1 of the Labor Code which states that the employer must take the necessary measures to ensure the safety and protect the health of workers.
He can still appeal in cassation
“It is a surprisingly severe stop for the employee”, for his part estimated Me Myriam Adjerad, who believes that it is also the difficulty of teleworking with his missions which could support the decision.
However, unless mentioned in the employment contract, every worker has the possibility of living where he wishes according to article 8 of the European Convention for the Protection of Human Rights which stipulates that every person “has the right to respect of his domicile and to the free choice of his place of residence. This former employee has two months to appeal to the Court of Cassation.