Unlock expert insights on navigating complex employment law issues, including disciplinary procedures and sexual harassment cases. Understand your rights and obligations as an employer or employee with our comprehensive guide. Discover how to lawfully initiate disciplinary actions, the importance of prior interviews, and the time limits for notifying sanctions. Learn from real-life cases and court rulings that shape the landscape of employment law, ensuring you're equipped to handle sensitive situations with confidence and compliance.
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[...] From this case, the CEO of the company West-Eros will be entitled to impose another sanction. This can go as far as dismissal for serious misconduct if the fact of smoking a joint justifies it. In terms of procedure, Dany must summon Loras to a new prior interview within two months from the notification of his refusal to be demoted. If the prior interview leads to a dismissal, the dismissal letter must include all the reasons for the termination and not just the fact that Loras smoked a joint. [...]
[...] A disciplinary sanction is applicable to any employee who is the author of sexual harassment. Sexual harassment characterizes a serious misconduct justifying dismissal (Cass. soc. 24-9-2008 n° 06-46.517 FS-PBRI : RJS 12/08 n°1154). In this case, Margery, following excessive alcohol consumption in a night club, sexually harassed another employee of the company. The CEO of West-Eros wishes to sanction her for her behavior. Margery cannot in any case argue that her wrongful behavior occurred outside work hours and work site. [...]
[...] In the event of refusal by the employee within 2 months, the employer is entitled to impose another sanction (Cass. soc. 16-6-1998 n° 95-45.033 : RJS 7/98 n° 858 ; 7-7-2004 n° 02-44.476 : RJS 10/04 n° 1038), in particular dismissal (Cass. soc. 19-2-2003 n° 00-46.188 : RJS 5/03 n° 606), including for serious misconduct if the facts justify it (Cass. soc. 11-2-2009 n° 06-45.897 : RJS 4/09 n° 343). To do so, it must summon the employee to a new prior interview within a maximum period of 2 months from the refusal of the interested party (Cass. [...]
[...] Similarly, the fact of using any form of serious pressure with the real or apparent intention of obtaining a sexual act, whether it benefits a third party or the author of the facts (C. trav. art. L 1153-1 Circ. crim of 7-8-2012), is assimilated to sexual harassment. Sexual harassment can be constituted even if the facts occurred outside work hours and work site (Cass. soc. 19-10-2011 n°09-72.672 FS-PB : RJS 1/12 n° 7 ; 11-1-2012 n° 10-12.930 FS-PB : RJS 3/12 n° 218), regardless of whether the author underestimates the impact of their actions (Cass. [...]
[...] A simple written report of an interview during which the employer made grievances to the employee without manifesting his intention to sanction him cannot be considered a sanction either (Cass. soc. 12-11-2015 n° 14-17.615: RJS 1/16 n° 28). In addition, the law informs us that distinct facts cannot be subject to successive sanctions if the employer was aware of all these facts when the first sanction was pronounced (Cass. soc. 16-3-2010 n° 08-43.057: RJS 6/10 n° 513; 25-9-2013 n° 12-12.976: RJS 12/13 n°816). [...]
