Can an employee exercise his pension rights in order to avoid dismissal for gross misconduct?

Cass. Soc. 20 March 2024, no. 22-20.880

This was the question the Court of Cassation had to answer in a ruling dated 20 March 2024 (Cass. Soc., 20 March 2024, no. 22-20.880).

In this case, an employee had committed gross misconduct.

Dismissal proceedings were therefore initiated against him.

In the meantime, the employee was laid off.

To avoid the consequences of dismissal for gross misconduct and to avoid being deprived of the defined benefit pension scheme, the employee exercised his pension rights before being summoned to the interview prior to dismissal.

On his departure, the employee asked the employer to provide him with the necessary documents to be able to benefit from the defined benefit pension scheme.

In the absence of any response from the employer, the employee was forced to take his case to the industrial tribunal.

In its defence, the employer claimed that the employee had abused his rights in refusing to provide the documents.

According to the employer, the employee had exercised his retirement rights solely to avoid the dismissal proceedings for gross misconduct that had been initiated against him.

The employer also argued that the purpose of the defined benefit pension scheme was to reward employees for their good and loyal service.

The employee was therefore not eligible to benefit from the scheme.

The Court of Cassation rejected the employer’s argument, holding that the employee was entitled to claim his pension rights even though dismissal proceedings had been initiated against him.

Thus, since the employee had not been dismissed at the time of his retirement, he was fully eligible to benefit from the defined benefit pension scheme.

As a result, the Court of Cassation ruled that an employee who asserts his retirement rights in order to avoid dismissal proceedings is not committing any abuse of rights.
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