(Cass. soc., 4 March 2009, n°07-42.381): In the event of redundancies on economic grounds, the employer has an obligation to propose any available positions within the company and even the group for redeployment. Consistent case law requires any available positions abroad to also be offered.
In the instant case, the employer had provided a questionnaire to all employees requesting details of their potential wishes in terms of geographical mobility. Those employees who indicated that they were not interested in positions abroad were therefore not proposed such positions in the scope of the redeployment requirement linked to a reduction in headcount. The Cour de Cassation held that a questionnaire on the principle of redeployment abroad could not be considered as an actual redeployment proposal as it is not sufficiently precise. Not proposing redeployment to employees who had already refused the principle of such position was held to be a failure to comply with redeployment obligations. The Cour de Cassation upheld the lower court's decision to order damages of 10,000 Euros to the employee in question.
