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In cases where an employee is wrongfully terminated without notice, even if he was on sick leave at the time of termination, he is entitled to compensation in lieu of notice. This means that they should receive compensation for the period they would have worked had the notice been given.
Severance pay in lieu of notice: rights of employees in the event of wrongful dismissal: –
In one specific case, an employee was dismissed without notice when serious misconduct was not established. The trial judges found that the employee could not benefit from compensation in lieu of notice because he was on sick leave and therefore unable to meet the notice period.
However, the Court of Cassation overturned this decision and declared that when an employer wrongfully dismisses an employee without notice, he is required to pay the full amount of the notice indemnity for the entire period during which the employee would have had to work during the notice period. . The court clarified that the non-respect of the notice period was not due to the employee’s illness but rather to the employer’s decision to deprive him of this notice.
Judgment of the Court of Cassation: Obligations of the employer in the event of unfair dismissal without notice: –
This decision highlights the principle that an employer cannot avoid its responsibility to provide compensation in lieu of notice simply because the employee was on sick leave at the time of the termination. The employee’s right to this indemnity is not affected by his state of health.
In labor law, it is crucial to ensure that employees are treated fairly and that their rights are protected. Unfair dismissal without notice is a serious matter and employees are entitled to receive compensation for the time they would have worked had the notice been given. This judgment of the Court of Cassation reaffirms this principle and underlines that employers cannot avoid their obligations in such situations .
Labor Lawyer 06 shed light on this important legal aspect, emphasizing the importance of seeking legal advice and representation to protect the rights of employees who have been wrongfully terminated without notice.
