A pharmacy technician in the south of France, with 27 years of service in the same establishment, will receive compensation of 34,800 euros after being fired for not having the degree required for the role. The French Court of Cassation considered that the fault could not be attributed to the worker, as it was up to the employer to verify her qualifications, something that had not been done for decades.
According to the Spanish digital newspaper, , the case is not yet completely closed and will have to be analyzed again by the Court of Appeal, following a new appeal presented in the process.
Beginning of the situation
The situation dates back to 1998, the year in which the employee signed a contract and started working in a pharmacy, performing tasks normally despite not having the required formal qualifications. For almost three decades, there was no challenge to its activity, until the establishment changed ownership.
With the management transition, the new managers reviewed internal records and identified the absence of a diploma. A situation that had gone unnoticed for years was now treated as a legal irregularity.
Inspection and dismissal
At the end of 2017, an inspection by the Regional Health Agency formally confirmed this irregularity. At that time, the worker was on sick leave and had not responded to the employer’s attempts to contact her. She was subsequently suspended and dismissed on the grounds of alleged serious misconduct, accused of having concealed her lack of qualifications.
The technician always contested this version, stating that she never hid her situation and that it was known to the employer. The problem, according to his understanding, resulted from the lack of documentary verification when the pharmacy changed ownership.
Court decisions
In 2021, the labor court ruled in favor of the worker, classifying the dismissal as unfounded and awarding compensation of 34,800 euros. However, two years later, the Court of Appeals reversed this decision, understanding that the employee had violated the duty of loyalty, even forcing her to pay legal costs.
The case then reached the Court of Cassation, which changed the outcome again. The higher court considered that the employer cannot invoke the employee’s negligence when, for so many years, it failed to ensure that her qualifications were verified. The understanding reinforces that, in regulated professions, this responsibility falls on the employer.
Employer’s responsibility
The case now returns to the Court of Appeals, which will have to reassess the case in light of this situation. The higher court’s decision highlights that supervision of qualifications cannot be transferred to the worker, especially when the employment relationship continues over time without any control.
Framework in Portugal
In Portugal, similar situations are covered by the Labor Code, which allows dismissal for just cause in the case of culpable breach of duties. Still, it is up to the employer to demonstrate the reasons for this decision. When the employment relationship lasts for years without verification of qualifications, this omission may be relevant in the judicial assessment and influence the outcome of the process.
The Working Conditions Authority monitors these types of situations and can intervene in cases of non-compliance with the rules, applying sanctions when there are failures to verify legal requirements in regulated sectors.
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