In a judgment of 5 December 2018, the Court of Cassation ruled that racist and/or degrading remarks against a subordinate constituted serious misconduct, even though the author had not been subject to any disciplinary sanctions during his long career.
An employee performing managerial functions in a motor company shall be dismissed for gross misconduct. His employer accused him of making racist and humiliating remarks against one of his subordinates and dismissed him for serious misconduct.
The employee contests this dismissal, on the grounds of his exemplary performance during his long career.
The Court of Cassation did not accept this argument: repeated remarks of a racist and/or humiliating nature constitute a serious misconduct.
