Case Law

The Court of Cassation, IV Criminal Section, by judgment no. 12683 of 29 March 2016, has ruled that an employer is responsible for any injury caused by inexperience, negligence or imprudence of workers, except in case of absolute irrationality of the behaviour of the latter. In the case at hand, a worker fell disastrously on ....

With its judgment No. 2116/2016, the Court of Cassation reiterated that no mobbing shall be deemed to have occurred in the absence of a specific vexatious plan aimed at the gradual personal and professional demolition of the employee in question. The employer must safeguard the physical well-being and moral character of employees. In this sense, ....

With its judgment No. 4695 of 10 March 2016, the Court of Cassation declared as unlawful the dismissal for just cause of an employee who (i) was not present for the home medical visit during the period of illness in question, and (ii) failed to have a medical examination at the doctor’s surgery the following ....

La Cour de cassation, par jugement n°3306 du 19 février 2016, a confirmé le principe de droit déjà exprimé dans l’arrêt n°22540 du 2 octobre 2013, selon lequel « l’action du travailleur visant la reconnaissance de droits liés à sa relation de travail antérieure ne peut être entravée par des formules de renonciation génériques et d’ensemble, contraires aux ....

With its judgment No. 4502 of 8 March 2016, the Court of Cassation declared it illegal to dismiss an employee on the grounds of that employee’s refusal to perform new duties in a different company unit, when the employee in question complains that he/she is physically unsuitable for such duties without, however, providing written evidence ....