Notification of dismissal lies with the employer. However, the latter can give a mandate to an employee of the company, an employee with the quality and the required skills, to proceed in his place. In such a case, it is sufficient for the employer’s representative to act on behalf of the employer in order for the procedure to be lawful. That said, the employer cannot ask a person outside the company to conduct the dismissal procedure and sign the letter. Otherwise, the dismissal is judged as being without a real and serious cause.
The Court of Cassation has just recalled this principle concerning the accountant of the employer who cannot take the place of the employer to conduct the interview prior to dismissal and sign the dismissal letter. The reason for this is simple: the very purpose of the preliminary interview, which should enable the parties to explain the dispute in progress, prohibits the employer from giving a mandate to a person who is not even part of the company.