The judge cannot rely on the status of part-time employee to decide that the latter must be dismissed in preference to a full-time employee. An employee employed as a part-time pharmacist was dismissed for economic reasons, while the pharmacy also employed a full-time pharmacist but with less seniority.
For the trial judges, the fact that the employer cannot legally dispense with employing a pharmacist full-time justified the retention of this employee in his position, even if his seniority was less. Decision overturned by the Court of Cassation, which considers that the judge cannot rely on the status of part-time employee to decide that the latter must be dismissed in preference to a full-time employee.
Therefore, the status of part-time employee cannot constitute a deciding factor between employees in the event of redundancy.
Lawyer Grégory DAMY Nice labor law, dismissal; 2022 UPDATE
