An employee cannot be fired because they are not “fun” enough

An employee who does not participate in all the snacks organized by his employer or who criticizes the excessive consumption of alcohol by the teams during these “moments of conviviality” cannot be fired for it.

This was considered, in effect, by the Court of Cassation in a judgment handed down on November 9.

A brief reminder of the facts. The employee in question was hired in 2011 by the company Cubik Partners, as a senior consultant, then promoted to director in 2014. He was fired a year later for “professional incompetence” and in particular for his refusal to adhere to the “company” value. . fun and professional.”

Following a decision in the Prud’hommes, the case is referred to the Court of Appeal and its verdict gives rise to an appeal by both parties.

Excess

The employee considers in this case to have been fired after “critical behavior and his refusal to accept the company’s policy based on incitement to various excesses”, can be read in the sentence.

In this ruling, the magistrates in effect considered “that the dismissal (has) taken place due to the exercise by the employee of his freedom of expression; that the Court of Appeal considered that Mr. T. could not be blamed for his lack of integration of the “fun & pro” value of the company”.

According to the Court, this value was reflected “in the necessary participation in seminars and weekend drinks, frequently generating excessive alcoholism encouraged by members who made available very high amounts of alcohol, and by practices advocated by members who linked promiscuity, bullying and incitement to various excesses and excesses”.

“Excessive alcoholism, intimidation, slip-ups, humiliating practices”

“The reproach addressed to the employee in the dismissal letter for refusing to accept the company’s policy and share the “fun & pro” values ​​cannot be considered a violation of his freedom of expression, when Mr. T’s refusal to adhere to these “values” he participated in his freedom of opinion and expression”, we can read.

In addition, the dismissal occurred “in violation of the worker’s fundamental right to dignity and respect for his private life (…) the “fun & pro” culture in force in the company was characterized by humiliating and intrusive practices in life such as simulated sexual acts, the obligation to share a bed with another collaborator during seminars, the use of nicknames to designate people and the display in the offices of distorted and made-up photos”.

Therefore, the Court of Cassation annulled part of the judgment of the Court of Appeal and ordered the employer to pay the worker the amount of 3,000 euros.

The other points and in particular the amount of compensation to be paid by the company (the worker claims 461,406 euros) will be examined again by the Paris Court of Appeal.