In a ruling of 16 January 2019, the Court of Cassation ruled that in order to dismiss an employee, the employer may rely on misconduct committed outside working time.
An employee working in a complementary health organization is dismissed for serious misconduct.
Her employer criticizes her for falsifying invoices (outside her time and workplace) in order to be reimbursed for health expenses she did not incur and thus damaging the company's reputation with her clients.
According to the Court of Cassation, dismissal on disciplinary grounds is justified: the employee, using her duties and her full knowledge of the procedures, did not respect her duty of loyalty.
