MIL-OSI Translation: Can exchanging racist and xenophobic emails via professional messaging justify disciplinary dismissal?

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MIL OSI Translation. Government of the Republic of France statements from French to English –

Source: Republic of France in FrenchThe French Republic issued the following statement:

Service-Public.fr answers you:

In this situation, one of the elements likely to limit the reaction and disciplinary power of the employer is the border, sometimes permeable, which exists between private life and professional life.

Indeed, facts taken from the employee’s personal life cannot, in principle, serve as grounds to justify his disciplinary dismissal. As an exception, dismissal for misconduct is possible if there is a breach by the employee of the obligations resulting from his employment contract (a breach which could possibly result from these private facts) or if the facts taken from private life are linked to private life. professional.

In this case, poor computer manipulation led to private messages being made public and identified as such by their author. It was on this occasion that the employer decided to dismiss the employee concerned for serious misconduct. For the Court of Appeal, the dismissal was wrongly pronounced. This judgment was confirmed by the Court of Cassation: the alleged facts could not be linked to the employment contract.

The Court of Cassation takes advantage of this decision to reaffirm the principle of the employee’s right to respect for the privacy of their private life, including in the workplace and during working hours.

This decision also reminds us how delicate the distinction to be made between personal and professional life proves to be. In such a context, the employer who is considering dismissal for misconduct must exercise discernment with regard to the boundary mentioned above, in order to adapt its reaction to the circumstances.

EDITOR’S NOTE: This article is a translation. Apologies should the grammar and/or sentence structure not be perfect.

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