An employee is dismissed by her employer for grave misconduct because of an altercation between her partner, a former company employee, and her superior. She took her case to court to challenge her dismissal because she was not responsible for the misconduct.

The Court of Appeal dismisses the motion. For her, the employee is at the origin of the altercation between her supervisor and her partner. She maintains that the altercation followed a heated conversation in the company’s car park between the employee, her partner and her superior. She adds that the employee was on leave and had no reason to be in the parking lot. The employee is appealing to the Court of Cassation.

The Court of Cassation quashes and quashes the appeal decision. According to her, the employee was not on leave at the time of the disputed conversation since she was ready to take up her service. Moreover, she maintains that the altercation between her superior and her companion took place outside the time and place of work and for reasons outside the employee’s own time and place of work.

Thus, an employee may not be dismissed for serious misconduct where the fault is not attributable to him.