French Supreme Court, July 10, 2019, n°18-11.528, GIE Tourcom c/ T.
In the case at hand, an employee had been invited to an interview prior to a potential dismissal for gross misconduct by a hand-delivered letter on Monday, December 16, 2013. The preliminary interview took place on Monday, December 23, 2013. Following her dismissal, the employee claimed damages before the Labor court for non-compliance with the dismissal procedure.
The Court of Appeal dismissed the employee’s claim considering that the minimum period of 5 working days between the invitation and the preliminary meeting, was met.
Under Articles L. 1232-2 and R. 1231-1 of the French Labor Code, the French Supreme Court quashed the judgment of the Court of Appeal, considering that the period of 5 working days should have been extended to Monday, December 23, 2013 (inclusive) and that the preliminary interview could not have taken place before Tuesday, December 24, 2013. The French Supreme Court also stated that this minimum period of 5 working days between the invitation and the preliminary meeting does not include the day of delivery of the invitation letter and that if this period expires on a Saturday, it must be extended to the first following working day.