2023-11-10 16:29:30
Surprising decision before the Court of Cassation. Insolence or insistence are not abuses of freedom of expression which would allow an employee to be dismissed. The Court of Cassation recalled this in October ; Abuse of freedom of expression involves the use of offensive, defamatory or excessive terms.
On the other hand, harassing your boss to obtain a possibly undue advantage, even knowingly, or insisting on making him change his mind, or using a polemical, disrespectful tone, inappropriate with regard to the hierarchy, are not abuses. of freedom of expression which would justify a sanction.
Moreover, explained the Court of Cassation, a dismissal is completely void if, among other causes, it is based, even in part, on the use of freedom of expression.
“I consider that the incident is closed”
An employee therefore won his case even though he had been dismissed after having harassed his director to obtain leave to which he was not entitled since it did not correspond to that provided for by a company agreement. He was accused of having insisted, through numerous disrespectful messages, treating his leader as an equal, even as a subordinate. “I consider that the incident is closed,” wrote this employee, looking down on the manager, after finally obtaining what he demanded.
However, this behavior, however inappropriate, disrespectful, impolite or controversial it may be, is not abusive since it is neither insulting, nor defamatory, nor even excessive, the judges considered, even if excessive remarks are not is not clearly defined.
In January 2020, the Court ruled that remarks, perceived as unpleasant by others, did not necessarily justify a sanction.
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