22/03/2022
Gross misconduct: discovery of the facts during the employee's sick leave
According to established case law, the employer must initiate the disciplinary procedure within a limited period of time following the discovery of the gross misconduct.
Failure to do so may result in the misconduct losing its status of gross misconduct. Indeed, if the misconduct is gross, then it is incompatible with the employee remaining on the company's payroll.
In a decision dated March 9, 2022, the French Supreme Court points out that if the employee's employment contract has already been suspended due to sick leave, then a lapse of time between the discovery of the facts and the notification of the dismissal is not sufficient to call into question the gross nature of the misconduct.
The full text of the decision to be found here.
