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An employee who does not attend work must be dismissed

French Supreme Court, 5 June 2019, n°17-27118

In the present case, a housekeeper brought a claim before the Labour Court in order to challenge the verbal termination of her employment contract and obtain damages for unfair dismissal.

The Court of Appeal ruled in favour of the employee but the employer appealed the decision to the French Supreme Court claiming that he should not have been ordered to pay any sum since the employee had not provided proof of her dismissal.

The French Supreme Court rejected the appeal considering that since the employer failed to initiate the dismissal procedure despite accusing the employee of not attending work, the termination of the employment contract must be considered verbal and thus without cause.

In the event of an employee failing to show up for work, the employer must immediately address the situation and begin the dismissal procedure.