We announced last week the two opinions handed down by the French Supreme Court on July 17, 2019 (read the Newsletter) approving the scales of Article L.1235-3 of the French Labour Code. End of the controversy? Absolutely not!!
By a deliberate act of resistance, the Labour Court of Grenoble, through a ruling dated July 22, 2019, rejects the scale to assess itself what it considers to be an “adequate compensation“.
It expressly refers to one of the opinions of the French Supreme Court to take the opposite stance by judging that “The opinion of the French Supreme Court dated July 17, 2019 stated the compliance of the provisions of Article L. 1235- 3 of the Labour Code with Article 10 of the ILO Convention, but is not a ruling “, which is correct.
Using this freedom, the Labour Court relies on Article 10 of Convention No. 158 of the International Labour Organization which provides that ” If the bodies referred to in Article 8 of this Convention find that termination is unjustified and if they are not empowered or do not find it practicable, in accordance with national law and practice, to declare the termination invalid and/or order or propose reinstatement of the worker, they shall be empowered to order payment of adequate compensation or such other relief as may be deemed appropriate“, to rule that” the true adequacy of the indemnities” must lead it to go beyond the maximum indemnity provided by the scale. Therefore, instead of 11 months’ salary, the Labour Court allocated to the employee a compensation for dismissal without real and serious cause equivalent to 16 months’ salary.
It will therefore still be necessary to scrutinize the decisions of the Courts of Appeal which should soon rule on cases already judged in the first instance and stamp before the French Supreme Court hands down its first case-law judgment!
To be continued!