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Man Was Illegally Fired For Not Being “Fun”
https://www.whatjobs.com/news/what-news-topical/french-man-was-illegally-fired-for-not-being-fun
By Hugh Fort in Spotlight, posted May 7, 2024
A court in France ruled companies can't sack their workers for not being "fun" enough after a man was fired for not coming to after-work drinks and team-building days out.
Insider reports the man, known only as Mr T, was fired by the Paris-based consultancy firm Cubik Partners in 2015 after he refused to socialise with his colleagues after work and attend team-building events.
Insider reports court documents, Mr T joined the firm in February 2011 and was promoted in 2014.
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However, he was fired in March 2015 for "professional incompetence".
His refusal to take part in the company's "fun" values was highlighted in the dismissal.
The company also said he was difficult to work with and a poor listener.
"Practices pushed by colleagues involving promiscuity, bullying and incitement to various excesses"
According to the Court of Cassation, the company's "fun" values included regular social events that culminated in "excessive alcoholism encouraged by colleagues who made very large quantities of alcohol available," as well as "practices pushed by colleagues involving promiscuity, bullying and incitement to various excesses."
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The court - which is the highest in the French legal system - also heard there were a number of "humiliating and intrusive" practices promoted by the company.
This included simulations of sexual acts and the obligation to share a bed with a colleague.
The court found because Mr T's lack of participation in the company's "fun" values and "critical behavior" were reasons cited for his dismissal he had been wrongfully fired by Cubik Partners.
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The judge ruled he was exercising his "freedom of expression" by refusing to participate in the company's social activities, and that performing this "fundamental freedom" could not be a reason for his dismissal.
Mr T's demand of €461,406 euros (about $479,000) in damages was previously rejected by the Paris Court of Appeal in 2021.
However, the recent ruling by the Court of Cassation partially overturned this judgment.
The court ordered Cubik Partners to pay Mr T €3,000 and will examine Mr T's demand for damages at a later stage.
Cubik Partners did not immediately respond to a request for comment from Insider.
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