Falsification of an invoice by an employee
Purpose of the decision
Representation of the Employer in a dispute opposing it to one of its employees, dismissed for real and serious cause.
By judgment rendered on January 24, 2017, the Labor Court decided that the employee’s dismissal was not based on a real and serious cause. It thus ordered the Employer to pay the said employee the sums of :
35,000 euros as damages for wrongful dismissal ;
10,000 euros in damages for discriminatory dismissal;
5,000 euros in damages for moral prejudice;
500 under Article 700 of the French Code of Civil Procedure.
The company appealed the decision.
The Court of Appeal reversed the judgment of the Labor Court and ruled again:
Declared that the employee’s dismissal was based on a real and serious cause;
Dismissed the employee’s claims for damages for wrongful dismissal, for damages for discriminatory dismissal, for damages for moral prejudice and for the application of article 700 of the Code of Civil Procedure;
Confirmed the judgment for the remainder.
Dismissed the employee’s claim for damages following the company’s appeal;
Dismissed the employee’s claim under Article 700 of the Code of Civil Procedure for the appeal proceedings;
Dismissed the company’s claim under Article 700 of the Code of Civil Procedure;
Ordered the employee to pay all costs of the trial and appeal proceedings.
This decision is final.