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A branch manager in charge of customer care and invoicing may be held guilty of gross misconduct if an employee under his responsibility makes numerous cheque embezzlements

French Supreme Court, 10 April 2019, n° 17-24.772

In this case, a branch manager with 6 years of service was dismissed for gross misconduct due to cheque embezzlements committed by one of the employees under his responsibility.

The employee then challenged his dismissal.

However, the French Supreme Court considered that the scale and frequency of cheque embezzlement committed, over several months, by an employee under the responsibility of the branch manager showed that the branch manager, who was in charge of customer follow-up and invoicing, had not fulfilled his supervision mission.

The French Supreme Court therefore confirmed the gross misconduct, notwithstanding the employee’s  6 years service and the absence of any previous incidents.