Work: insolence towards the boss is not a fault, says the Court of Cassation

Unexpected decision of the Court of Cassation. Insolence or persistence is not an abuse of freedom of expression that could lead to an employee’s dismissal. The Court of Cassation recalled this in October; Abuse of freedom of expression involves the use of offensive, defamatory or excessive terms.

On the other hand, harassing your boss for a possibly undue advantage, even deliberately, or insisting on getting him to change his mind, or using a polemical, disrespectful tone inappropriate to the hierarchy are not abuses of freedom of expression. which would justify sanctions.

Moreover, the Court of Cassation explained, a dismissal is completely invalid if, among other things, it is based, at least in part, on the exercise of freedom of expression.

“I think the incident is over”

Thus, the employee won his case, despite the fact that he was dismissed after forcing his director to take holiday to which he was not entitled because it did not correspond to the holiday provided for in the company contract. He was accused of insisting, through numerous disrespectful communications, that his leader be treated as an equal, even as a subordinate. “I think the incident is over,” the employee wrote, looking down on the manager, having finally received what he demanded.

However, such conduct, no matter how inappropriate, disrespectful, discourteous or controversial, is not offensive because it is neither offensive nor defamatory nor even excessive in the judges’ opinion, even if excessive remarks are not clearly defined.

In January 2020, the court ruled that remarks that others perceive as distasteful do not necessarily justify sanctions.