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.
DISMISSAL FOR INAPTITUDE AND OBLIGATION TO RECLASSIFY
By Gregory DAMY specialist in labour law and more particularly in dismissal proceedings 04.92.15.05.05. Cass. 11 July. 2012, n° 11-16.639, D The employer's obligation to seek a reclassification for an employee declared unfit may not be limited to a search made after the first medical examination.
The incapacity of an employee to work at his or her place of employment can only be established, except in special cases, after two medical examinations by the occupational physician. However, the employer may only dismiss an unfit employee after having sought the person's reclassification. If the employer can already offer the employee reclassification solutions after the first medical examination, the Court of Cassation cannot leave it at that.
For example, one employer offered an employee who was declared unfit to work, after a first examination, a position that took into account the recommendations of the occupational physician. The employee refused this position and was dismissed after the second notice of unfitness issued by the occupational physician. The trial judges upheld the dismissal.
Wrongly for the Court of Cassation, which considers that the judges should have checked whether the employer had sought reclassification possibilities after the second visit confirming the opinion of unfitness.
Gregory DAMY Doctor of Laws Specialist in labour law and more particularly in dismissal proceedings Law Firm DAMY SELARL with a capital of 949,000 euros 13 Boulevard Gambetta 06000 NICE Tel: 04-92-15-05-05 Fax: 04-93-96-22-50 website: gregorydamy. niceavocats. fr