Dismissal for MISCONDUCT: How to dismiss or how to defend yourself against dismissal for misconduct

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Yann BOURSIER - Rectuteur-it.FReelance

Published on Oct 7, 2024
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Simple misconduct meets the following 2 criteria: Action by the employee contrary to his obligations towards the employer Insufficient seriousness to require immediate termination of the employment contract However, the misconduct committed may, in certain cases, constitute a real and serious cause for dismissal. Simple misconduct may be recognized, for example, on the occasion of an error or negligence committed by the employee in the course of his work. The same act may be qualified as simple or serious misconduct. The qualification of the misconduct may take into account criteria such as seniority, the employee's functions in the company, but also the context or the repetitive nature of the misconduct. The employer must comply with the procedure for dismissal for personal reasons. Dismissal for simple, serious or gross misconduct: what are the consequences for the employee? An employee may be dismissed for simple misconduct, serious misconduct or gross misconduct at the end of a disciplinary procedure. The consequences of dismissal on the employee's rights are different depending on the reason for dismissal chosen by the employer. We present the information to remember.

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