In order to be protected against dismissal, the whistleblower must have reported criminal acts
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
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The whistleblower is protected from dismissal. However, this protection is only valid if the facts he complains about are such as to characterize a criminal offense (crime or offense). This was decided by the Court of Cassation in a judgment of November 4, 2020.
Attention: in this judgment, the Court of Cassation is applying a law that has since been reformed. The new law expands the scope of protection for whistleblowers.
An employee, hired as a senior consultant, recorded an informal interview with his employer in which he discussed the company's relations with the unions.
A few days later, the employee posted the recording on a video-sharing platform and informed employees by email.
His employer dismissed him for gross misconduct, citing a breach of loyalty obligations.
Before the courts, the employee seeks recognition of his status as whistleblower and, in fact, the nullity of the dismissal.
The Court of Appeal recognized him as such and declared the dismissal void.
The Court of Cassation disagrees. It recalls that whistleblower protection applies only to the denunciation of facts constituting crimes or offenses.
