Fired for not having been “fun” sufficient, he receives 460,000 euros in compensation | EUROtoday

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Lon the finish of an unimaginable affair? Tuesday January 30, the Paris Court of Appeal ordered the reinstatement of an worker advisor employed in 2011 in its firm. Above all, the judges determined to award greater than 461,406 euros in compensation to the dismissed worker, reveals The Parisian. He had been fired for his “cultural misalignment” with the corporate and the “fun and professional” values ​​that it could put ahead, the employer additionally accusing his worker {of professional} inadequacy.

Before his dismissal, the worker – a sure “Mr. T” – had criticized his administration about “weekend drinks” resulting in “excessive drinking” inspired by administration. This made “very large quantities of alcohol available”, he criticized. And to denounce “bullying and incitement to various excesses and excesses”.

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READ ALSO “Unfair evidence” admitted to the commercial tribunal: how Big Brother might settle within the workplaceDismissed shortly after, he took the corporate to court docket earlier than having his request dismissed. He then demanded the annulment of his eviction. Subsequently, the Paris Court of Appeal dominated to the identical impact, in March 2021, and rejected the worker's requests.

Employee's freedom of expression affected by dismissal

Last November, in a ruling, the Court of Cassation went towards earlier choices. “The exercise, by the employee, of his freedom of expression, a fundamental freedom”, can’t justify dismissal, she estimated in November 2022. On the opposite hand, the details reported by the complainant weren’t of a nature – in response to the Court – to hinder his freedom of expression, indicated the identical choice. As a end result, the case was referred to new Parisian judges. They delivered their verdict this Tuesday, January 30.

Result, in response to the Paris Court of Appeal, “the criticisms made of the employee for his rigidity, his lack of listening, his sometimes brittle and demotivating tone towards his subordinates” undermine “freedom”. expression and protest of the worker”. Which cancels your complete dismissal process. The choice is accompanied by an obligation of reinstatement. However, in actuality, the worker and the corporate can agree that this isn’t the case.

Regarding the compensation, that is linked to the truth that the process was very lengthy. According to our colleagues, the case had been within the arms of the judges for nearly ten years. Furthermore, the quantity of this compensation can be justified by the truth that it’s a pure and easy cancellation of the dismissal and never a judgment qualifying the process as abusive.