It is the culmination of several years of criminal proceedings which took place this Tuesday, January 30, 2024. Mr. L. joined the consulting firm Cubik Partners in Paris in 2011 as a senior consultant.
In 2014, the employee was promoted to the rank of director before being fired a year later for
“professional inadequacy”
and
“refusal to adhere to the fun and professional value of the company”
.
He then took his employer to court to contest his dismissal and request its nullity, without success.
The case is then referred to the Paris Court of Appeal before both parties appeal to the Court of Cassation.
On November 9, 2022, the magistrates of the Court of Cassation ordered the cancellation of the dismissal arguing that “
the “fun and pro” culture in force in the company was characterized by humiliating and intrusive practices in private life such as pretense of sexual acts, the obligation to share one's bed with another colleague during seminars, the use of nicknames to designate people and the display in the offices of distorted and made-up photos
.
They underline the “
violation of the employee’s fundamental right to dignity and respect for their private life
”.
Also read: Your employer does not have the right to fire you because you are not “fun” enough
496,298 euros in compensation
Mr. L. and his lawyer therefore presented themselves to the Paris Court of Appeal on Tuesday to obtain reinstatement to the company and the payment of financial compensation.
This is now done since the judges handed down a judgment which obliges his employers to pay him financial compensation.
This amounts to 496,298 euros.
“The compensation allocated, as it is a compensation scheme in the event of violation of a fundamental freedom, is an eviction compensation for the employee, that is to say it corresponds to the amount he should have received during the non-working period,”
explains the lawyer.
The Court also ordered the reinstatement of Mr. L. in the company specializing in consulting.
A request expressly formulated by the complainant
“it concerns the honor of my client.
It is a question of principle and this judgment allows it to be reestablished,”
assures his lawyer.
As for whether the former employee will actually return to his position within the firm, nothing is certain at the moment.
For the defense lawyer,
“either the company accepts the terms of the judgment and respects the provisions of the decision, or the company obstructs this by appealing to the Court of Cassation”
.
Olivier Bongrand wants to be optimistic
“nothing prevents us from talking and exchanging so that it goes well for both”
.
A “series of amalgams” according to the company
Olivier Cornut, president of Cubik, does not share this vision, denouncing
“a recreational reading of the file thanks to a series of amalgamations”
.
“No one wanted to work with him anymore, whether it was clients who asked us to stop working with him or employees who refused to be part of his team.
It is a fact which has been judged and confirmed on appeal by all the courts,”
confides the president of the company, denouncing in passing
“alluring and never corroborated remarks”
concerning the schoolboy atmosphere which reigns in the company.
For him, the six-figure amount of compensation works to the disadvantage of his company.
“The court was forced to rule late because the lawyer used all possible procedures.
Almost ten years have passed.
All his maneuvers therefore lead to such an impressive amount
.
However, he respects the judges' verdict
: “I submit to justice.
If he shows up to come to work, I will give him all my respect as I do with my employees
.
It remains to be seen whether Mr. L. wants it.
Will the case have a final twist?
Cubik has two months to appeal to the Court of Cassation after the decision of the Paris Court of Appeal, its president assures that no decision has been taken but says
“to look closely at this appeal”
.