La société d’avocats Damy
La Société d'avocats Damy à Nice assure une prestation de haut niveau, de la consultation d’un avocat à la représentation en justice. Les avocats du cabinet sont compétents en droit des affaires, des sociétés, droit immobilier, droit bancaire, droit social, droit des victimes et cas de dommages corporels. Membre de l’Association des avocats praticiens en droit social, Maître Grégory Damy dispose de certificats de spécialisation.
Employees protected and taking action of the breach of the contract; Cass. soc., July 4 2012, No. 11-13,346, P + B
The refusal of a dismissal authorisation for an employee protected by the administrative authority shall not affect the official's decision to terminate his contract. An employee who is a member of the CHSCT has left his or her workplace by invoking his or her right to withdraw from the employer because of physical problems related to his or her state of health. The employer initiated a dismissal procedure which resulted in the Administration refusing to grant permission. Shortly
thereafter, the employee noted the termination of his employment contract. This deed was analysed in a null dismissal by the trial judges. Their decision is upheld by the Court of Cassation, which considers that a protected employee who takes note of the breach of his contract may justify breaches by his employer of the rules applicable to the employment contract, or the requirements of the representative mandate, without taking into account the reasons for the decision of the
administrative authority to refuse a dismissal authorisation. In addition, the employer had imposed a change in the employee's working conditions by modifying his duties, without taking into account the recommendations of the occupational physician, which constituted a serious breach of his obligations justifying the invalidity of the break for breach of protective status
. Lawyer Grégory DAMY Nice labour law
