In a decision of 31 August 2018 (No. 16/05660), the Rennes Court of Appeal ruled that the dismissal of an employee who for several years had been carpooling with his company car during his business trips was justified.
The Court of Appeal based its decision on the fact that the employee did not request his employer’s authorization event though the company’s internal regulations were silent on the possibility for employees to carpool with their company car, and therefore committed wrongful omission.
The Court of Appeal indicated that, if the employee had requested this authorization, he would have been informed by the company that the insurance policy did not cover persons transported as part of a carpool. Moreover, the Court of Appeal noted that the mentions on the carpooling site used by the employee specify that “the driver must under no circumstances make a profit and that he must verify that his insurance covers all the people transported.”
By failing to request authorization to carpool with his company car, the employee therefore placed the company at risk given the absence of coverage for this activity by the insurer, which justified his dismissal for misconduct.