Cass. soc. 29 May 2024, no. 22-19.313

Does a simple letter of reproach sent by an employer to an employee constitute a disciplinary sanction?

This was the question the Social Division of the Court of Cassation had to answer in a ruling dated 29 May 2024 (no. 22-19.313).

In this case, the employer had sent a letter of reproach to his employee, but had not disciplined him.

When the employee was dismissed for gross misconduct, he used this letter to contest his dismissal, arguing that the acts of which he was accused had already been punished.

The employer contested this, arguing that the acts cited in the letter were merely reproaches that had not been the subject of a disciplinary sanction.

Surprisingly, the Court of Cassation followed the employee’s reasoning, holding that a letter of reproach written by the employer constituted a disciplinary sanction when the employer reproached the employee for acts that it qualified as wrongful.

This case law runs counter to current case law, since until recently the Social Division of the Court of Cassation held the opposite (in this regard: Cass. Soc., 20 March 2024, no. 22-14.465).

If you have any questions, Maître DAMY, Employment Lawyer in Nice, will support and advise you throughout all your procedures.