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préjudice moral<br />
personne morales<br />
cour de cassation

Void layoffs In a recent court case, the issue of an employee whose termination was declared void and seeking reinstatement raised questions regarding entitlement to severance pay. The case concerned an employee who, following an illness, had been declared fit to undergo part-time therapy for a period of one year by the occupational physician. Surprisingly, before the end of this designated period, the employee was  terminated  due to her refusal to return to a full-time position.

The employee whose dismissal is void: reinstatement without severance pay: –

The case was taken to the industrial tribunal, which declared the dismissal null and void. As a result, the employee requested reinstatement. However, much to his disappointment, his request for reinstatement was rejected, despite the court acknowledging the unfairness of his dismissal. As a result, the employee brought legal action for the  judicial termination  of her employment contract.

The judges in charge of the case, after a thorough evaluation, concluded that the employer was responsible for the termination of the contract. In view of this, the judges ordered the employer to compensate the employee for both the notice and the dismissal. However, an interesting aspect of the judgment emerged when the judges refused to deduct the amount of severance pay paid by the employer at the time of dismissal from the compensation awarded.

Deduction of compensation for judicial termination: guarantee the fairness of remedies: –

The case was then brought before the Court of Cassation for examination. The Court of Cassation, in its judgment, censured the judgment rendered by the lower court. She firmly affirmed that an employee whose dismissal is declared invalid and who asks for his reinstatement cannot claim payment of a severance indemnity. This decision was based on the principle that reinstatement implies the return of the employee to the same employment relationship, thus canceling any right to severance pay.

Furthermore, the Court of Cassation determined that the indemnity already paid to the employee for the unfair dismissal should be deducted from the amount of the notice and dismissal indemnities due as a result of the judicial termination of the contract. This decision emphasizes the principle of avoiding double recovery by the employee, the severance pay received already including the severance pay to which the employee is not entitled.

In summary, the case highlights the legal complexities surrounding the dismissal of an employee whose dismissal is declared void. The judgment of the Court of Cassation establishes that these employees cannot claim severance pay when requesting reinstatement. In addition, he stresses the need to deduct any compensation already received for unfair dismissal from the total compensation awarded due to the judicial termination of the contract. This decision aims to strike a balance between protecting employees’ rights and preventing an undue financial burden on employers in the event of wrongful dismissal. 

DAMY Law Firm .