It’s official: sending your employer a death certificate dated the next day to justify your absence is grounds for termination. This is attested by a court ruling, dated June 7, 2023.
In its judgment, the Court of Appeal of Paris, in fact, partially agreed with Mr. MV’s employer, a company specialized in logistics, which had dismissed him for gross misconduct on January 15, 2018 after he transmitted a death certificate prior to the date of your grandmother. Mr. V.’s company had considered that it was an unexcused absence.
“You did not show up for your job between December 4, 2017 and January 3, 2018,” the employer said in his dismissal letter, arguing that the employee did not wait for a response to his leave request to leave his job. Workplace.
The company points more precisely to the document attached by the employee to “this request for exceptional leave”: “a death certificate dated December 2, 2017”. “But your application dates from December 1, 2017,” he adds.
Compensation of 22,750 euros
A decision that the employee does not digest. Almost a year later, Mr. V. appealed to the Evry-Courcouronnes labor court to challenge the terms of termination of the employment contract that binds him to the logistics service provider and to expect compensation.
And the court agrees with the former employee, considering that the breach of contract has no real reason.
The company is therefore forced, in particular, to pay compensation of 22,750 euros to Mr. V. But it finally appeals this decision. After five years of legal battle, the Paris Court of Appeal dismissed Mr. V. “from his claim for compensation for dismissal without real and serious cause.” Thus, the logistics provider was exempted from paying the five-figure compensation to his former employee.
Source: BFM TV
