The dismissal of an employee cannot be based on his refusal to adhere to certain company values

An employee, promoted to head of a business, is dismissed for incompetence. The employer criticized him for not sharing the values of the business, in particular the ‘fun and pro’ value. This value translates into participation in seminars and weekend bribes with an “excessive alcoholism of all participants”, encouraged by practices promoted by associates linking promiscuity, bullying and incitement to various excesses and slippages.

The employee brought an action before the tribunal prud’hommale (criminal court) seeking annulment of the dismissal, reinstatement in the company and payment of compensation, considering that his refusal was part of his freedom of opinion and expression. The Labor Council rejected his application and decided to appeal.

The Court of Appeal rejected the employee’s application, holding that the complaints made to the employee concerned his conduct and did not call into question his personal opinions, and that they could not therefore be regarded as a violation of his freedom of expression leading to the nullity of the dismissal. The employee then decides to go to the Court of Cassation.

The Cour de Cassation recalls, first of all, that, unless abused, the employee enjoys his freedom of expression in the company and outside it. It quashes the judgment of the Court of Appeal on the ground that the employee’s refusal to participate in that policy based on sharing the value of ‘fun and pro’ and incitement to various excesses did indeed contribute to his freedom of expression and opinion, without any abuse in the exercise of that freedom being characterized.

Thus, according to the Cour de Cassation, ‘the unlawful nature of the ground for dismissal, even in part, on account of the exercise by the employee of his freedom of expression, a fundamental freedom, alone renders the dismissal void’.