Breaking News: Employee’s Dismissal Rejected by Court of Cassation
In a critical legal development, the Court of Cassation has upheld the dismissal of an employee declared unfit for work in 2020. The decision, handed down on June 11, 2025, has significant implications for employee rights related to health and reclassification in the workplace.
Key Points of the Case
A catering agent, employed by an association since October 2011, was declared unfit for work on October 26, 2020. The medical assessment noted that maintaining the employee in any job would be seriously detrimental to their health. Following this assessment, the employee was dismissed for incapacity and the impossibility of reclassification on November 16, 2020.
The dismissed employee took her case to the industrial tribunal, arguing that the employer had failed to provide written reasons opposing reclassification and that the search for reclassification was limited to the employer’s establishment and not extended to other establishments. The Court of Appeal rejected these claims.
Court of Cassation’s Verdict
The Court of Cassation, in its judgment (n° 24-15297), reiterated that under Article L. 1226-2-1 of the Labor Code, the employer is not obligated to notify the employee in writing the reasons opposing reclassification. The Court affirmed that the employer can dismiss the employee if they cannot propose another job, if the employee refuses the job offered, or if the occupational doctor’s opinion mentions severe health risks.
The Court acknowledged that the notice of incapacity explicitly mentioned severe health risks, validating the dismissal procedure. Consequently, the employer was not required to extend the reclassification search to other establishments.
Understanding the Legal Framework
Article L. 1226-2-1 of the Labor Code stipulates that employers are required to propose alternative employment in case of incapacity. The employer can terminate the employment contract if they cannot provide a job, if the employee refuses the proposed job, or if the health condition impedes reclassification.
This decision underscores the employer’s right to dismiss an employee when reclassification is not feasible, especially when supported by an occupational physician’s opinion.
Expert Insights and Future Implications
Legal experts warn that this ruling reinforces employers’ rights to terminate employment contracts in cases of severe health risks noted by occupational physicians. It also emphasizes the need for employers to strictly adhere to the legal procedures and occupational health assessments before dismissing employees.
Workers are advised to seek legal counsel concerning their rights and the specifics of their employer’s reclassification requirements. Employers should ensure comprehensive adherence to the protocol to mitigate legal challenges.
The Impact of the Decision
The Court of Cassation’s decision will likely influence future employment cases involving health-related dismissals. It provides clear guidance on the limits of reclassification obligations and highlights the critical role of occupational health assessments in dismissal decisions.
Companies, particularly those with large workforces, should review their practices to align with these judicial interpretations.
Stay Informed with archyde.com
For the latest updates on breaking news, legal insights, and expert analysis, visit archyde.com. Subscribe to our newsletter to stay ahead of the curve on workplace rights and employment law developments.
Don’t miss out on the latest insights and news. Follow us on social media for instant updates:
