An acknowledgement may be justified where the employee complains to the employer of sufficiently serious breaches to prevent the continuation of the employment contract. The same applies where these serious shortcomings have persisted for several years.
Hired in 1972 and working as a stock manager, an employee brought an action before the labor council in 2014 to reclassify his breach of contract by taking legal action producing the effects of a null dismissal.
Since 1992, he has faced intimidation, humiliation, threats and overwork.
The employer considers that, while it waited so long, these facts did not make it impossible to continue the employment contract. They therefore did not justify taking note of the breach of the contract.
The Court of Cassation disagrees and approves of the Court of Appeal. The persistence of these breaches for more than 20 years led the employee to such exhaustion that it made it impossible to continue the contract.
