The decision came after a man, known as MT, was fired from Paris-based consultancy Cubik Partners in 2015 for refusing to attend after-work drinks and social events.
According to court documents, T joined the company in February 2011 and was promoted in 2014, but was fired a year later in March 2015 for “professional incompetence” – specifically, his refusal to uphold “fun” values. of the company. The company authorities also admitted that T. was difficult to work with and that he was a bad listener.
According to the Court of Cassation, the company’s “playful” values included regular mandatory social gatherings that ended “excessive alcohol consumption, which was encouraged by colleagues who shared very large amounts of alcohol”, and “practices imposed by associates, including promiscuity, intimidation and encouragement of various excesses”.
The most senior French justice official also pointed to various “humiliating and intrusive” practices promoted by Cubik Partners, including simulated sexual acts and the obligation to share a bed with a colleague.
In a November 9 ruling, the court found that because T.’s lack of participation in the company’s values of “entertainment” and “inappropriate conduct” were reasons for his dismissal, he was fired at wrong by Cubik Partners.
The court also ruled that T. had exercised his right to “freedom of expression” by refusing to participate in the company’s social activities and that the exercise of this “fundamental freedom” could not be a reason for his dismissal. .
Cubik Partners has not yet responded to an insider’s request for comment.
T.’s claim for damages in the amount of 461,000 PLN €406 (approximately $479,000) had already been rejected by the Paris Court of Appeal in 2021, but a recent decision by the Court of Cassation has partially quashed this verdict.
The court ordered Cubik Partners to pay 3,000 T. euros and will consider the claim for compensation at a later date.
The text above is a reprint of the American edition of Insider, entirely prepared by the local editorial staff.
Translation: Dorota Salus