Employees may not be heard as part of an expert appraisal commissioned by the CSE without the employer’s express agreement.

In this case, an employee was made redundant after his company was acquired by a Group.

As a result, he took his case to the industrial tribunal to contest the termination and the procedure, which he claimed was irregular.

The Court of Appeal rejected his request, ruling that the dismissal procedure was in order on the grounds that the manager who conducted the preliminary interview had been sent by one of the group’s companies as an external consultant. He had also received a mandate to act in the name and on behalf of the legal representative of the acquired company in its operational, administrative and financial management.

The judges also noted that the management entrusted to the agent included human resources, which implied the conduct of disciplinary and dismissal procedures.

In response to the employee’s appeal, the legal judges pointed out that articles L.1232-3 and L.1232-6 of the French Labor Code state that the very purpose of the preliminary interview and the rules governing notification of dismissal prohibit the employer from appointing a person from outside the company to conduct the interview and notify the dismissal.

Nevertheless, the High Court dismissed the appeal and reiterated the findings of the Court of Appeal, adding that the delegate was not a stranger to the company, thereby rendering the dismissal procedure lawful.

In other words, the director of a group company sent as a consultant to one of the companies with a mandate to act in particular in human resources management cannot be considered as a foreign person and can regularly hold the preliminary interview.

This ruling consolidates the position of the Cour de cassation in this area, which had previously held that the parent company’s HR department can be mandated to carry out the preliminary interview and dismissal of an employee of one of the subsidiaries insofar as he is not considered as a person outside the company. (cass. Soc. September 23, 2009, no. 07-44200).

(Cass. soc. 28-6-2023 n° 21-18.142 FS-B, O. c/ Sté Dimonix)

You may also be interested in this news
News by NMCG – March 2024
News By NMCG
News by NMCG - March 2024
Commercial lease: A renewal offer with different clauses is equivalent to a renewal refusal
Article
Commercial lease: A renewal offer with different clauses is equivalent to a renewal refusal
Legal status of seasonal tourist rentals: Civil or commercial?
Article
Legal status of seasonal tourist rentals: Civil or commercial?
Nullity implies restitution, liability implies damages!
Article
Nullity implies restitution, liability implies damages!
Art taxation
Article
Art taxation
Communication of medical records by healthcare professionals
Article
Communication of medical records by healthcare professionals
Offering an open-ended contract to an employee at the end of a fixed-term contract: New formalities to be complied with
Article
Offering an open-ended contract to an employee at the end of a fixed-term contract: New formalities to be complied with
Harassment – An update on recent case law in this area
Article
Harassment - An update on recent case law in this area
Watch out for deadlines! – If new misconduct is discovered during the course of disciplinary proceedings
Article
Watch out for deadlines! - If new misconduct is discovered during the course of disciplinary proceedings
Change of workplace – towards a more flexible definition of the geographical area?
Article
Change of workplace - towards a more flexible definition of the geographical area?
Employee shareholding – employee access to share capital
Article
Employee shareholding - employee access to share capital
Lawyer profile: Sonia Abodja
Inside NMCG
Lawyer profile: Sonia Abodja
No dismissal for a reason not listed in the collective agreement!
Article
No dismissal for a reason not listed in the collective agreement!
Lawyer profile: Noémie Naudon
Inside NMCG
Lawyer profile: Noémie Naudon
Lawyer profile: Chloé Perez
Inside NMCG
Lawyer profile: Chloé Perez
Lawyer profile: Maureen Curtius
Inside NMCG
Lawyer profile: Maureen Curtius
The Distinctions