A sports coach who, according to his employer, has failed to fulfill his duty of loyalty is dismissed for serious misconduct. He had participated in a sports session at a competitor’s house and posted it on social media. He challenged his dismissal and brought the matter before the courts.

The appeals court dismisses the employee’s application. It considers that the alleged conduct of the employee constitutes a breach of the duty of loyalty even though it took place during a day’s rest. The employee appeals to the Court of Cassation.

The Court of Cassation quashes and quashes the appeal decision. For her, the employee who, as part of his personal life, broadcasts images of his training in a competing room on social media and adds praise does not fail to respect his duty of loyalty. As the events took place on a day of rest, dismissal for serious misconduct was therefore unjustified.