A jobseeker enters into a workplace assessment agreement with a business holding a zoo and Pôle emploi. This agreement allows a person to be in professional immersion for a specified period.

The jobseeker is involved in an accident while cleaning one of the zoo’s cages. His accident is covered by professional legislation. The victim, declaring himself as a trainee, therefore brought an action before the judge for a finding of inexcusable fault on the part of Pôle emploi.

The Court of Appeal dismisses the victim of his application on the ground that she was not a trainee. As a result, she could not claim the benefit of the presumption of inexcusable misconduct. She's filing a cassation appeal.

The Court of Cassation dismisses the appeal. For her, the victim, who had signed a workplace assessment agreement, was acting as a job seeker and not as a trainee. Unlike trainees in vocational training in company, jobseekers who take part in guidance, evaluation and support measures provided or prescribed by Pôle emploi do not benefit from the presumption of inexcusable fault on the part of the employer.

The jobseeker, signatory to an evaluation agreement in a professional environment, is therefore not treated as a trainee or an employee. Consequently, if he is the victim of an accident at work, he shall not be entitled to the employer’s presumption of inexcusable fault.