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Dismissal of a protected employee – Only one preliminary meeting is required

Conseil d’Etat, 28 June 2019, No. 423360

The employer who intends to dismiss a protected employee must – after the preliminary meeting and the consultation of the employee representative bodies – seek the authorisation of the labour authorities to dismiss the employee.

In the case at hand, following a first refusal by the labour authorities, the employer had again submitted the dismissal request to the labour authorities, who finally granted the authorization.

The dismissed employee however argued that since the employer had not reconvened him to a preliminary meeting nor consulted the works council on this project a second time, it should not have been authorised to dismiss him by the labour authorities.

The French administrative Supreme Court nonetheless decided that, given that the proposed termination was based on identical grounds and in the absence of any change in the surrounding circumstances, it was not necessary for the employer to organise a new preliminary meeting nor another consultation of the works council.