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The obligation for the employer to seek the reclassification of an employee declared unfit cannot be limited to a search carried out after the first medical examination .
Employer’s obligation to redeploy: beyond the first medical examination: –
In situations where an employee is declared unfit for their current position, it is essential that the employer actively seek out reclassification opportunities. However, this obligation should not be limited to a simple search carried out after the initial medical examination.
The reclassification of an employee, except in special cases, can only be decided after two medical examinations carried out by the occupational physician. It is crucial to note that the employer can only proceed with the dismissal of an unfit employee after having made a real effort to explore redeployment options. Even if the employer provides reclassification solutions after the first medical examination, according to the Court of Cassation, this is not enough to fulfill his obligation.
Failure to request a reclassification: implications for the validity of the dismissal: –
A particular case highlights the importance of the employer’s proactive approach to reclassification after the second medical visit. In this case, an employer offered a position to an employee declared unfit after the initial examination, taking into account the recommendations of the occupational physician. However, the employee refused this position and was subsequently dismissed following the issuance of a second notice of incapacity by the occupational physician. Surprisingly, the trial judges upheld the dismissal.
Contrary to the decision of the trial judges, the Court of Cassation intervened and noted their error. The Court indicated that the judges should have checked whether the employer had genuinely sought possibilities of reclassification after the second medical examination, which confirmed the employee’s incapacity. Essentially, the Court emphasized that the employer’s responsibility to explore reclassification options should persist throughout the process, including after subsequent medical assessments.
This decision underlines the importance of the continuous efforts of the employer to obtain the reclassification of employees declared unfit. It underlines that the dismissal of an employee must not be validated without asking whether the employer has fulfilled his obligation to explore the possibilities of reclassification, even after subsequent medical examinations. The Court’s decision aims to ensure that employers do not prematurely terminate employees without adequately exploring options to meet their needs within the organization.
