MIL OSI Translation. Government of the Republic of France statements from French to English –
Source: Republic of France in French The French Republic has issued the following statement:
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You are aware of a serious risk in your business and you want to know what it is you are risking in reporting it. A case law of the Court of Cassation has just made it clear. The whistleblower is protected from dismissal. But this protection is only valid if the facts he denounces are such as to characterize a criminal offense (felony or misdemeanor).
An employee, hired as a senior consultant, made a sound recording of an informal interview he had with his employer in which he discussed the company’s relations with the unions.
A few days later, the employee posted the recording on a video sharing platform and informed the employees by email.
His employer dismissed him for serious misconduct, citing a breach of loyalty obligations.
Before the courts, the employee asks for recognition of his quality of whistleblower and, in fact, the nullity of the dismissal.
The Court of Appeal recognized him as such and declared the dismissal null and void.
The Court of Cassation does not agree. It recalls that the protection of the whistleblower only applies to the denunciation of facts constituting crimes or misdemeanors.
EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.