1) The Conseil constitutionnel has held that an award corresponding to six months’ wages for unfair dismissal does not contradict the Constitution (Conseil constitutionnel, décision QPC n° 2016-582, 13 octobre 2016).
2) Fixed-term contract: a Rider extending the contract must be signed before the initial term has expired (Cass. soc. 5 octobre 2016, nº 15-17.458 FS-PB).
3) The fact that the employer has launched a disciplinary enquiry, will not serve to suspend the two-month interval allowed [from the date of the alleged offence] for imposing sanctions (Cass. soc. 13 octobre 2016, n° 15-14.006 FS-PB).
4) String of fixed-term contracts: where the same staff member is being hired for the same tasks, the employer may not impose another trial period (Cass. soc. 5 octobre 2016, n° 15-16.384 FD).
5) In seeking to ascertain whether a redundancy scheme (Plan de sauvegarde de l’emploi) is adequate, the Administrative Tribunal shall consider whether, taken as a whole, the plan’s measures would succeed in keeping staff in work and resettling [redundant] staff elsewhere, specifically in the light of the means available to the Group (Conseil d’État 17 octobre 2016, n° 386306).
6) Where the Works Council has been irregularly consulted on a Plan de sauvegarde de l’emploi, further to which a protected staff member is dismissed, said irregularity may affect his dismissal (Marseilles Administrative Appeals Court, 6 octobre 2016, n° 15MA01326).
7) The Works Council may not file suit once the deadline for consultation, agreed with the employer, has lapsed (Cass. soc., 3 novembre 2016, n° 15-16.082 FS-PB).
8) Where a protected staff member agrees to be transferred to another establishment, his [staff representative] mandates will lapse (Cass. soc. 3 novembre 2016, n° 15-16.026 FS-PB).