i) The remuneration structure defined under a collective agreement, which has been terminated, qualifies as an acquired individual advantage. – The employer may not alter it without consent from the staff members concerned. Consequently, any unilateral undertaking by the employer, which contradicts that principle, will be unenforceable (Cass. soc. 2 mars 2016, n° 14-16.414).
ii) A staff member guilty of gross misconduct (faute lourde) will henceforth be entitled to holiday pay nevertheless (Cons. const. QPC, 2 mars 2016, n° 2015-523).
iii) Setting up GPS for technicians’ vehicles justifies reliance by the Health & Safety Committee’s on expert advice in relation to serious hazards (Cass. soc. 25 janvier 2016, n° 14-17.227).
iv) The employer may not await expiry of a mandate to dismiss: if the alleged misconduct occurred whilst the staff member concerned enjoyed special protection against dismissal, the employer is under a duty to notify the Labour Inspector of the case (Cass. soc. 18 février 2016, n° 14-17.131, 14-17.205).
v) Staff delegates may not exercise their whistle-blowing prerogatives to have a disciplinary sanction cancelled (Cass. soc. 18 févr. 2016, n° 14-18.567).
vi) Should the employer disregard the formalities concerning public display of information on a redundancy scheme (Plan de sauvegarde de l’emploi) approved by the authorities, that failure will postpone the commencement of the deadline for challenging the procedure (CAA de Lyon 15 mars 2016, n° 15LY04094).
vii) Dismissal of a protected staff member owing to protracted or repeated sick leave, which disrupts company operations and calls for his being permanently replaced: no duty on the employer to seek out an alternative position to resettle him (CE 9 mars 2016, n° 378129).
viii) Where the employer has failed to send the Works Council a copy of the DIRECCTE’S remarks, this will not, as such, make the information and consultation procedure irregular (CE 23 mars 2016, n° 389158).
ix) The Labour Inspectorate system acquires more prerogatives (ordonnance n° 2016-413 du 7 avril 2016: JO du 8).
x) Branch agreement entered into prior to 26 June 2008 defining trial periods shorter than the statutory ones ceased to apply from 30 June 2009 onwards (Cass. soc. 31-3-2016 n° 14-29.184).
xi) Where a staff member refuses to undergo a second medical examination to ascertain his eventual unfitness to work, will qualify as serious misconduct (Cass. soc. 16 mars 2016 n° 14-21.304).