Case Law

The Court of Cassation has established that dismissal of an employee for unjustified absence is lawful where the employee fails to take up service at the workplace to which he has agreed to be transferred.

The Court of Cassation has clarified that for the purpose of legal secondment of an employee from the seconding company to that benefiting of the secondment, a specific interest of the employer is necessary in order to qualify the secondment as an organisational action by the seconding company, therefore resulting in a mere amendment to the modalities in which the work performance is given, and that the move is essentially temporary.

The Court of Cassation has clarified that the dismissal of an employee in a department other than that subject to company reorganisation is fair.