YOUR RIGHTS. The fault of the company does not erase that of the employee

An employee should not take advantage of failures in the supervision of his boss, nor make an excuse.

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There is no excuse, or even lessening of the seriousness of a fault, if it has been made possible by the negligence, or even the failure of the company in the exercise of its supervisory power, ruled the Court of Cassation.

The example

This is the response that was given to an employee dismissed for serious misconduct when he maintained that in a properly managed company, it would have been impossible for him to deviate from usual procedures and adopt dangerous personal working methods. , to the point of being at fault.

According to this employee, it was up to his management to identify and prohibit in good time the freedoms taken to achieve the best result expected of him. According to him, he could not be criticized for having adopted risky or illegal practices to make his company always earn more and at the same time be seen as a high-performance employee.

But the possible deficiencies, even serious, of the internal control of the company do not make the fault of the employee lose its degree of gravity, replied the Court of Cassation to rule out this reasoning.

What the law says

An employee can be dismissed for simple misconduct, serious misconduct or gross negligence, at the end of a disciplinary procedure. Serious misconduct results in the immediate departure of the employee. Gross negligence justifies the immediate termination of the employment contract. This is a particularly serious fault, revealing an intention to harm the employee against the company and the employer. In this case, the termination indemnity and the compensation for notice are not paid to the employee.

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