Case Law

Catégories: Case Law

By way of judgment No. 9467/2016 the Court of Cassation has stated that the dismissal for justified objective grounds is lawful if the employer gives “evidence as to both the fact that the dismissal may be specifically referred to initiatives related to actual productive and organisational reasons, and as to the impossibility to use the ....

Catégories: Case Law

By way of judgment No. 10069/2016 the Court of Cassation has stated the principle pursuant to which “the employer has the power, but not the obligation, to continuously and regularly control its own employees”. In the case at issue and by reversing the decisions of the judges ruling on the merits, the Court of Cassation ....

Catégories: Case Law

La Cour de cassation, dans son arrêt no 6775 du 7 avril 2016, a affirmé qu’un travailleur a le droit d’accéder à son dossier personnel contenant les documents et les actes se rapportant à son parcours professionnel et à l’avancement de sa carrière au titre de salarié ayant une relation de travail en cours. Dans ....

Catégories: Case Law

By judgment no. 7313 published on 13 April 2016, the Court of Cassation has ruled that, in order to assess the existence of an accident on the way to and from work in case of use of a bicycle, it is necessary to keep into account not only the distance between home and workplace but ....

Catégories: Case Law

By judgment no. 6265, published on 31 March 2016, the Court of Cassation has sanctioned the principle whereby an employee refusing to transfer may be considered as resigning from employment. In the case in question, the worker had contested the legitimacy of the employer’s order to transfer to another production unit, and refused to comply. ....