i) Refusal to be transferred under a mobility clause is wrongful and the employee is thus responsible for failure to carry out the notice of termination in the new conditions set by the employer (Cass. soc. 31 mars 2016 n° 14-19.711 FS-PB).
ii) An employee on sick leave must inform his employer of his place of convalescence to allow a medical check visit (contre-visite médicale) to be organised (Cass. soc. 16 mars 2016 n° 14-16.588).
iii) A trade-union representative can give up his mandate by informing the trade-union organisation that appointed him – a letter to the company employees does not constitute renunciation (Cass. soc. 6 avril 2016 n° 14-23.198).
iv) Reversal of case-law, according to which, certain types of disregard by the employer “necessarily” cause a prejudice that the judge must repair, the existence of a prejudice and the appraisal of such fall within the sovereign power of judges (Cass. soc. 13 avril 2016 n° 14-28.293 PBR).
v) The contractual clause providing for a reduction of non-compete compensation in the event the employee initiates the termination is deemed unwritten, even if it only reiterates the provisions of the applicable collective bargaining agreement (Cass. soc. 14 avril 2016, n° 14-29.679 F-PB).
vi) The aggressiveness of an employee may justify her termination during pregnancy (Cass. soc. 31 mars 2016 n° 15-13.069).
vii) The advance notice before ending a trial period provided for in the employment contract is applicable when longer than the minimum legal period, otherwise the employer must compensate the employee for the share of the unperformed contractual period (Cass. soc. 15 avril 2016, n° 15-12.588 F-D).