Human Resources

Accident at work The accident of a suspended employee can be a

Publié le 14 mars 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Accident at work The accident that occurred during the employee's suspension is an accident if the employee is under the employer's control and authority at the time of the incident. This is what the Court of Cassation said in a ruling on February 14, 2024.

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Image 1Crédits: chinnarach - stock.adobe.com

An employee whose contract has been suspended due to a succession of work stoppages is the victim of a discomfort when she comes before the committee called to decide on the planned dismissal measure against her. Accident at work The employer refuses to declare this discomfort as a result of the suspension of the employee and the absence of work as a cause of the discomfort.

Accident at work The employee, after being dismissed, goes to court and asks for her unease to be declared as a

The Court of Appeal dismissed the employee’s claims. It considers that the malaise was not caused by the work and that the employee’s contract was suspended at the time of the facts. The employee is appealing to the Court of Cassation.

The Court of Cassation quashes the decision of the Court of Appeal. She noted that the employee was called upon to appear before a body that was going to impose a disciplinary penalty on her. Thus, she was well under the dependency and theauthority of his employer when he is unwell.

Accident at work The employer was therefore required to report a