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Jan 14, 2025 | 
jdsupra.com | Thibault Meiers |Philippe Thomas
This newsletter highlights four significant court rulings issued in recent months: Working during sick leave automatically entitles an employee to compensation (Cass. soc., September 4, 2024, No. 23-15.944 FSB)Historically, most employer breaches automatically resulted in the award of damages to the employee, without the need for the employee to prove the existence of harm.
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Jul 15, 2024 | 
jdsupra.com | Thibault Meiers |Philippe Thomas
This newsletter reviews seven recent significant judicial decisions on health, safety and working conditions: Teleworking on the recommendation of the occupational health doctor: home occupation compensation is due (CA Paris, December 21, 2023, n°20/05912)An employee, who worked from home on the recommendation of the occupational health doctor, was dismissed and claimed home occupation compensation.
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Jul 5, 2024 | 
jdsupra.com | Thibault Meiers |Philippe Thomas
Cass. soc., 31 January 2024, n°22-18.792A dismissal letter does not have to specify the date of the alleged acts. An employee dismissed for gross misconduct contested the termination of his employment contract, citing the absence of any mention of the date on which the acts of gross misconduct were committed. The Court of Appeal agreed, finding that the dismissal letter lacked precision.
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Jun 28, 2024 | 
jdsupra.com | Jason Butwick |J. Ian Downes |Thibault Meiers
Navigating the complexities of internal investigations is crucial for maintaining compliance and fostering a safe workplace environment. In this Q&A guide, Dechert’s labor and employment team provides a comprehensive comparison of the practices and legal requirements related to internal investigations in France, the U.S., and UK. 1. Is an internal investigation always required? France: French courts consider it best practice despite there being no statutory requirement to do so.
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Jan 16, 2024 | 
jdsupra.com | Thibault Meiers |Philippe Thomas
This newsletter summarizes five significant judicial decisions over recent months: Economic grounds for redundancy: operating losses must be serious and lasting (Cass. soc., 18 October 2023, n°22-18.852 F-B)After being made redundant, an employee contested the termination of her employment contract. The Court of Appeal ruled that her redundancy was justified.
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Jan 16, 2024 | 
lexology.com | Philippe Thomas |Thibault Meiers
This newsletter summarizes five significant judicial decisions over recent months:Economic grounds for redundancy: operating losses must be serious and lasting (Cass. soc., 18 October 2023, n°22-18.852 F-B)After being made redundant, an employee contested the termination of her employment contract. The Court of Appeal ruled that her redundancy was justified.
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Jan 8, 2024 | 
jdsupra.com | Thibault Meiers |Philippe Thomas
This newsletter reviews five recent significant judicial decisions on health, safety and working conditions: Did an employee's impending dismissal mean that his suicide attempt was work-related and therefore a work-related accident (Cass. civ., 2nd ch., June 1, 2023, n°21-17.804 D)An employee was found guilty of serious misconduct by his employer. As he was a union representative, the labor inspector had to approve his dismissal.
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Jul 12, 2023 | 
jdsupra.com | Thibault Meiers |Philippe Thomas
This newsletter covers six notable decisions in the areas of health, safety and working conditions: Monitoring employees’ workload is a component of the employer’s safety obligation (Cass. soc., 13 April 2023, n°21-20.043)An employer is required to monitor the workload of its employees, and this monitoring falls within the scope of its legal safety obligation. The employer's failure can justify the payment of damages to employees if this breach causes them harm.
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Jul 5, 2023 | 
jdsupra.com | Thibault Meiers
July 5, 2023
Ermine Bolot, Mathilde Duchamp, Léa Kemayou, Thibault Meiers
Dechert LLP
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Key Takeaways Harmonisation du cadre juridique des opérations transfrontalières (fusions, scissions, apports partiels d'actifs, transformations) au sein de l'Union européenne.
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Jul 5, 2023 | 
jdsupra.com | Thibault Meiers |Philippe Thomas
This newsletter summarizes four significant judicial decisions over recent months: Renewal of the probationary period: using a set of indicators to qualify consent (Cass. soc., 25 January 2023, n°21-13.699)To renew a probationary period, the employer must obtain the employee's agreement. Can this agreement be deduced from the employee's signature on the renewal proposal letter?
