(Social Law Chamber, Supreme Court, February 18, 2015, n° 13-21820)
A Sales Director was made redundant during the suspension of his employment contract after a work-related accident. The redundancy was justified by the reorganization of his employer which led to the elimination of his position.
The French Supreme Court considered that the justification provided for the redundancy was not sufficient to show the impossibility to maintain the employee’s contract, which is a legal requirement after a work accident.
That decision is a confirmation of existing case law. It is a useful reminder of the specific protection existing in France for victims of work-related accident or occupational disease during the suspension of their employment contract.