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Judgment of the social chamber of the Court of Cassation of January 28, 2015 n° 13-20.861
It is settled case law that the dismissal letter sets the limits of the dispute.
This principle is all the more important in the presence of a dismissal for economic reasons .
Indeed, in the event of a dispute over the economic reason for the dismissal, the judge will seek in the content of the dismissal letter on the one hand if the economic reason is real and characterized, and on the other hand, if the letter of dismissal clearly demonstrates the impact of the economic cause on the abolished post.
Failing to explain to the dismissed employee the consequences that the economic cause has on his function precisely, the dismissal will be automatically requalified as dismissal without real and serious cause.
Dismissal without cause
This is what the social chamber of the Court of Cassation recalled in a very clear recital dated January 28, 2015:
“while the letter of dismissal did not specify the impact of the economic cause on the employment contract or employment of the dismissed employee and that the lack of motivation of the letter deprives the dismissal of real and serious cause”.
Therefore, the drafting of the dismissal letter is of particular importance and the employee may invoke insufficient motivation, especially since, the dismissal letter setting the limits of the dispute, the employer will no longer be able to subsequently demonstrate the impact of the economic crisis caused on the situation of the dismissed employee.
Damy law firm – 2022
