In a ruling of 23 January 2019, the Court of Cassation ruled that the resignation of the employee threatened with a complaint by his employer is not the result of a free, clear and unequivocal will.
A supermarket worker was in possession of products without proof of purchase as she left her workstation.
When informed of the facts, her employer immediately summoned her to her office and asked her to sign a letter acknowledging the facts as well as a letter of resignation that he dictated to her and for which she retracted a few days later.
The Court of Appeal had ruled the resignation free, clear and unequivocal. The Court of Cassation does not agree with this reasoning and considers that it is vitiated by a defect of consent.
