Cass. soc. 12 June 2024, no. 22-18.138

Can an employee obtain the requalification of his dismissal as a dismissal without real and serious cause when he has been dismissed for wrongful refusal to be reclassified, even though the occupational physician had waived the employer’s obligation to reclassify him?

This is the question that the Social Division of the Court of Cassation had to answer in a ruling dated 12 June 2024 (no. 22-18.138).

In this case, following an accident at work, Ms Y was declared unfit for any position in the company.

Despite this opinion, the employer initiated a redeployment procedure and made three proposals to this effect. All three offers were rejected by the employee. The employer therefore dismissed her for wrongful refusal of the reclassification proposals.

Ms Y then brought the matter before the industrial tribunal, requesting that her dismissal be classified as a dismissal without real and serious cause.

The Court of Cassation eventually ruled in favour of her claim, holding that dismissal for refusal to offer redeployment is unfair where the occupational physician has issued an opinion releasing the employer from its obligation to redeploy.

Maître DAMY, a lawyer in Nice and a member of the association of lawyers practising in employment law, is at your side to advise and assist you in resolving your disputes with your employer.