A court case in France has reignited the debate about the limits between corporate culture and the individual rights of workers. The case judged by the Paris Court, widely commented on inside and outside the country, involves the dismissal of an employee who refused to participate in recreational activities promoted by his company.
Court orders reinstatement
According to the Spanish newspaper AS, the Paris Court of Appeal ordered the worker’s reinstatement and declared his dismissal null and void, ordering the company Cubik Partners to pay €503,118 net.
The justification presented by the employer was based on the employee’s alleged lack of adaptation to a “relaxed and festive” environment that the company intended to promote.
Case dates back more than a decade
The worker, identified in the records as Mr. T, was hired in 2011 as a consultant and fired in 2015. On November 9, 2022, the court recognized that the dismissal, based on the refusal to adhere to the company’s “fun & pro” policy, violated freedom of expression and personality rights, annulling the previous ruling and sending the case for a new trial.
The decision of January 30, 2024 was handed down by the Court of Appeal, which declared the dismissal null and void, ordered reinstatement and set compensation (c. €500,000).
Debate on company culture
According to , the case reinforces that the refusal to participate in recreational practices, especially when they involve intrusive behavior or social pressure, does not constitute a legitimate basis for dismissal, as it conflicts with freedom of expression/opinion and the worker’s personality rights.
And in Portugal?
In Portugal, disciplinary dismissal is only valid with just cause (art. 351 Labor Code). The duty of obedience (art. 128.º CT) does not cover orders that affect personality rights (arts. 14.º to 16.º CT).
Refusing social gatherings or “team building” outside of one’s duties is unlikely to fit with just cause; in a similar dispute, the employee could obtain reinstatement or compensation for unlawful dismissal.
Also read:
