Cass. Soc. 3 July 2024, no. 23-14.227

Is an employee entitled to challenge the occupational physician’s opinion that the employee is unfit for work, which exempts the employer from any obligation to redeploy the employee?

This is the question that the Social Division of the Court of Cassation had to answer in a ruling handed down on 03 July 2024 (no. 23-14.227).

In this case, following a return to work visit, Ms W was declared unfit for any position within the company, which relieved the employer of its obligation to redeploy her.

Ms W then brought an action before the industrial tribunal to challenge the occupational physician’s opinion that she was unfit for work.

In its defence, the employer argued that Mrs W should be declared inadmissible for lack of standing. However, the Court of Appeal rejected this argument.

The Court of Cassation upheld this decision, ruling that the action was admissible and recognising the employee’s right to challenge the occupational physician’s opinion that he was unfit for work, thereby depriving him of his right to redeployment.

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.