An employer who transfers an employee after having been alerted by a client of his behavior, does not necessarily use his disciplinary power, but only preserves the company's interests.
Hired in 2011 as a security officer, the employee's schedule and assignment were modified in 2014, after several comments from his employer about complaints from the client about his behavior, delays and problems respecting the hierarchy in particular.
Expected on the new site, the employee is dismissed after 15 days of unjustified absence.
The employee goes to court. He considers that he has been doubly punished for the dissatisfaction of the client.
However, the Court of Appeal upheld the dismissal and rejected the employee's applications.
The Court of Cassation ruled in his favor. It considers that the change of assignment falls within the management power of the employer, exercised in order to avoid additional tensions with the client, in the interests of the business and the employee. This transfer is therefore not a disciplinary measure.
