On 3 June 2002, an employee was employed by a bank as a trainer and dismissed for serious misconduct on 6 July 2015 for the following reasons.
For months, he had had a romantic relationship with a colleague, one of disruption and solicitation. By email of October 16, 2014, they agreed that the relationship must end. However, the employee settles a GPS beacon on his colleague's personal car to monitor it without his knowledge.
He sends her many intimate messages, including two emails via his business email. The fact is clear: her colleague does not want any more contact outside the professional activity.
Faced with this insistence, and the installation of the GPS, the employer dismisses him for serious misconduct.
The Court of Appeal considers, however, that this dismissal has no real and serious cause: the GPS was settled on the employee's personal vehicle. The use of business email is limited to two emails. Most importantly, this relationship has had no impact on the smooth running of company.
The Court of Cassation agrees: the dismissal has no real and serious cause.
