The disruption of the employee's service does not justify his dismissal for repeated absences
Publié le 30 septembre 2022 - Directorate for Legal and Administrative Information (Prime Minister)
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It is possible for the employer to dismiss an employee whose prolonged absence or repeated absences disrupt the functioning of the company. The mere disorganization of the service to which the employee belonged is ruled out.
This is what the Court of Cassation said in a judgment of the Social Chamber on July 6, 2022.
An employee was dismissed by his employer because of his repeated absences due to illness. Considering his dismissal to be without real and serious cause, he appealed to the judge.
The Court of Appeal dismissed the employee’s application on the ground that his absences had disrupted the organization of the service to which he belonged. Therefore, reasons were given for its permanent replacement. The employee filed an appeal in cassation.
The Court of Cassation quashed the Court of Appeal’s ruling.
The judgment holds that dismissal for prolonged absence or repeated absences may be justified only where that disturbs the overall functioning of the company. Thus, the disorganization of the service to which the employee belonged is, in the present case, insufficient to justify the dismissal.
