concept of fault and disciplinary action

Retrogradation is the only sanction which can be refused by the employee. The aforementioned takes however the risk which the employer pronounces then another sanction which in the majority of the cases will be a dismissal. Within the framework of the disciplinary proceedings the employer has a one month deadline starting from the conversation to notify the sanction. But if the employee refuses the sanction and that the employer wants to pronounce of them another starting from when short the time? In a stop of March 27th, 2007 the Court of appeal answered this question: The employee convened on December 28th, 2001, it was seen notifying a retrogradation on January 21st, 2002, and had refused it by letter on February 25th. Convened with a new conversation on March 25th, he was laid off the 28. The employee claimed that its dismissal was without real cause and serious since it had intervened more than one month after the first conversation, and the court of appeals had given him to reason the Court of appeal rejected this reasoning: insofar as retrogradation had been refused the time started to run as from the second conversation and not of the first.

The Court of appeal admits the transformation of a setting to conservatory foot into setting with disciplinary foot. In this business, an employee had seen himself inflicting a setting with conservatory foot, while waiting for the delivery of a disciplinary action in his opposition. The employer finally gave up the dismissal, and pronounced a setting with disciplinary foot. The judges admit this decision, and specify that in this case, the duration of the setting to conservatory foot is charged over the duration of the setting to disciplinary foot. Cass. Plowshare July 5th, 2006, 01 46721

The commitment of a conventional disciplinary proceedings must intervene before the expiry of the one month legal delay, which runs as from the day fixed for the conversation. (Cass. plowshare, June 23rd, 2004, 93 42 617, agricultural Case of social insurance system of the Tarn and the Garonne C Simon)